Description of Exhibit List
EXHIBITS;
Exhibit A. Document dated February 18, 2010, requesting to review the finances of CRHA, submitted and signed by the Informant, Capt. E. G. da Costa Duarte. The written request produced and signed by the Informant meets the provisions of the CRHA objects of the Corporation;
a) To control and operate effectively the Harbour Facilities in the Port of Campbell River formerly operated by the Small Craft Harbours Branch of the Department of Fisheries and Oceans.
b) To provide all users of the Campbell River Harbour with safe, effective and environmentally sound harbour facilities including; but not limited to, wharves, seaplane floats, marine docking and cribs, storage and vehicle parking areas and commercial marine business support.
c) To regulate harbour use in a safe and fair manner, providing for the effective sharing of harbour resources among all user groups such as commercial fishers, recreational boaters, fishing guide operators, marine and foreshore businesses and visiting vessels.
d) To maintain existing facilities and services for users groups.
e) To promote the development and long term growth of the Campbell River Harbour, its facilities and the services it offers in a manner for the betterment of its users.
f) To operate the Campbell River Harbour in a fiscally responsible and cost effective manner consistent with the leasing of facilities from the Small Crafts Harbours Branch of the Department of Fisheries and Oceans.
g) To govern the activities and operations of the Campbell River Harbour in a way that is fully accountable to harbour users and members of the Campbell River Harbour Authority.
Exhibit A
Exhibit B. The exhibit involves five letters signed by Tom Forge CRHA Director/President;
(1). Letter dated February 18, 2010, requesting the S/V Açor Removal from harbour. The said letter fails to address the provisions of the CRHA By-Laws.
(2). Letter dated March 1, 2010 "CRHA will initiate a process to have your vessel removed". The said letter fails to address the provisions of the Fishing and Recreational Harbours Act and the Fishing and Recreational Harbours Regulations.
(3). Letter dated March 4, 2010, Acknowledge receipt of February 18, 2010 letter; quote "Even if you were a member, you would not be entitled to review the accounting records asked for in questions 6 & 7 other than the financial statements provided to the membership at the AGM". The said letter addresses the fact that all financial statements provided to the membership at the AGM's were unaudited; a direct breach of the CRHA By-law 65, bringing forth the fact that the CRHA membership is liable for the lack of annual audits and monies missing or unreported to the Corporation. By-Law 65 follows;
65. The members shall, at each annual meeting, appoint an auditor who shall audit the accounts of the Corporation for report to the members of the Corporation at the next annual meeting. The auditor shall hold office until the next annual meeting provided that the Directors may fill any casual vacancy in the office of the auditor. The remuneration of the auditor shall be fixed by the Board of Directors.
(4). Copy of letter dated August 16, 2010, given to Manfred Binger threatening his vessel removal unless he cooperated with the CRHA Board of Directors.
(5). November 3, 2008, letter granting live-a-board status to the Informant.
Exhibit B
Exhibit C. February 17, 2010, Incident/Occurrence Report, signed by Phyllis Titus. The incident/Occurrence Report given to the Informant on the above-mentioned date is different from Exhibit (H) belonging to Federal Court file, T-1003-10. A copy of the Modified Federal Court version is included. The said Incident/Occurrence Report, signed by Phyllis Titus, involves two versions with intent to mislead the Federal Court where Phyllis Titus modifies documents to suit the occasion.
Exhibit D. Document Bundle consisting of the CRHA Letters Patent, Object of the Corporation, By-Laws and Annual Summaries. The Minister of Industry granted a charter by Letters Patent under the provisions of Part II of the Canada Corporations Act on July 8, 1997; Corporation #3390764 BN #878395995RC0001. The Campbell River Harbour Authority (CRHA) is a not-for-profit Corporation. A CORPORATION WITHOUT SHARE CAPITAL UNDER PART II OF THE CANADA CORPORATIONS ACT. The Document Bundle originated from Mr. Michel Duchesneau, Manager of Compliance, Corporations Canada and sent to the Informant.
(1).The said Document Bundle is denied to the Informant and CRHA membership by the CRHA Board of Directors.
(2). Pages 5 to 15 were submitted to the Federal Court File T-1003-10, pages 1 to 5 were purposely removed from the Federal Court File T- 1003-10 omitting the Objects of the Corporation;
(3). Pages 16 to 27 were purposely removed from the Federal Court File T- 1003-10 omitting Form 3, Annual Summaries.
Exhibit E. Document Bundle consisting of the Lease Agreement between Fisheries and Oceans Canada (DFO) and the Campbell River Harbour Authority, CRHA property survey and revenue earnings for 1998. This document was requested and received by the Informant from DFO Freedom of Information (ATIP).
(1).The said Document Bundle was denied to the Informant by the CRHA Board of Directors, prior to Federal Court File T-1003-10, where it is currently used as an exhibit. A failure to inform and/or provide a CRHA Harbour User or CRHA member with the said document determines a lack of Accountability and Transparency to Canadian taxpayer's involving a Public facility.
(2). Only pages 1 to 14 were submitted to the Federal Court, pages 15 to 30 were purposely removed, omitting vital information governing a Federal Public facility jointly managed by the Campbell River Harbour Authority (CRHA) and DFO-Small Craft Harbours, Pacific Region;
(3). both, the Campbell River Harbour Authority (CRHA) and DFO-Small Craft Harbours are fully accountable to the Taxpayer's of Canada.
(4). DFO-ATIP documents shown within Exhibit F01, originating from DFO Freedom of Information officials and sent to the Informant, involve all the invoices paid to the Campbell River Harbour Authority (1998 - 2010) and document descriptions of Facility Code Numbers, attesting to the Public nature of the CRHA facility, management and operations.
Exhibit F. Campbell River Harbour Authority, Berthage Agreement, signed by the Informant, Capt. E. G. da Costa Duarte.
(1). No CRHA By-law authority provides for the existence of the said CRHA Berthage Agreement. The CRHA By-Laws and/or CRHA Rules and Regulations approved by the Minister of Industry, do not provide for a Berthage Agreement meeting the provisions of CRHA By-Law 64. By-Law 64 follows;
Amendment of By-Laws
64. The by-laws of the Corporation not embodied in the letters patent may be repealed or amended by by-law enacted by a majority of the Directors at a meeting of the Board of Directors and sanctioned by an affirmative vote of at least two-thirds (2/3) of the members at a meeting duly called for the purpose of considering the said by-law, provided that repeal or amendment of such by-laws shall not be enforced or acted upon until the approval of the Minister of Industry has been obtained.
(2). The CRHA Berthage Agreement is meant to install the idea that the Campbell River Harbour Authority is a DFO run Corporation with no accountability to Harbour Users and CRHA membership.
(3).Within the provisions of the CRHA Berthage Agreement, Appendix "A", it states;
In consideration of this agreement, the owner/user agrees:
(a) to abide by all applicable statutes, regulations, by-laws and rules, including the Fishing and Recreational Harbours Act, the Government Property Traffic Act and the Authority's By-laws and Directives;
(4). The Board of Directors of the Campbell River Harbour Authority and CRHA staff nullified the above-mentioned stated provision (3), by purposely denying the Authority's By-laws and Directives to the CRHA membership and CRHA Harbour Users.
(5). For example, the lack of Annual CRHA Financial Audits, originating from an ignorant CRHA membership, after Tim Hobbs purposely and with intent to defraud the CRHA membership and Harbour Users, managed to convince the CRHA membership to vote contrary to CRHA By-law 65. Tim Hobbs, CRHA Director/Treasurer, purposely and with intent to defraud the Harbour Users and CRHA Membership, instructed the CRHA membership to vote for a review engagement while the existence of the CRHA By-laws was never mentioned at any CRHA Annual General Meeting.
Exhibit F01. (F01.1, F01.2, F01.3, F01.4, F01.5, F01.6 and F01.7) DFO disclosure of Contracts Over $10,000.00 downloaded from DFO website, compared to CRHA declared DFO Grant monies; resulting in $ 447,192.00 Dollars unreported. An email received from Marlene Fournier, Deputy Director ATIP Operations, Fisheries and Oceans Canada confirms the said DFO contract disclosures. Exhibit F01, provides strong evidence of financial fraud originating from DFO-Small Craft Harbours, Pacific Region and the CRHA Board of Directors. The following additional issues emerge, forming a series of financial discrepancies involving the Campbell River Harbour Authority and DFO-Small Craft Harbours, Pacific Region;
(1). Subsequent, to the acquisition of the disclosure of Contracts Over $10,000.00, the Informant initiated a new Freedom of Information (ATIP), requesting printout data of all the invoices awarded to the CRHA from DFO-Small Craft Harbours. The DFO-ABACUS accounting software program produced a spreadsheet of all the invoices, resulting in different financial numbers than those posted on the DFO disclosure of Contracts Over $10,000.00 dollars posted on the DFO website.
(2). The DFO disclosure of Contracts Over $10,000.00 Dollars, downloaded from the DFO website, does not represent the monies given to the CRHA Corporation. The disclosure of contracts originating from PO contract numbers were never fully awarded to the CRHA Corporation, rather it differs from the invoices awarded to the CRHA Corporation. Therefore, the proactive discloser of contracts policy implemented in 2004 by the Harper Government is simply a cover-up as to the reality of money spent. The following statement is misleading; it represents PO numbers of contracts that were not fully awarded.
"The proactive Disclosure report provides the contract figures contained in our ABACUS Financial System and are current as of the posting date for the report. The most up to date contract values are contained in our contract files".
(3).The total PO numbers of contracts (2004- 2010) is $2,365,000.00 Dollars. The total invoices (1998-2010) awarded to the CRHA is $2,587,678.93.
(4).The total of invoices awarded to the CRHA (1998-2010) is $2,587,678.93, compared to CRHA declared DFO Grant monies; resulting in $337,842.93 unreported. The preceding unreported dollar figure is misleading, indicating a larger amount of money missing, because the years 1999, 2000, 2003, 2006, 2007 and 2009 the reported CRHA dollar figures are higher than the DFO invoices awarded to the CRHA, a factual indication that the $337,842.93 of unreported money represents a conservative low figure.
(5). Exhibit F01 displays scenarios where the results indicate financial discrepancies originating from both DFO-Small Craft Harbours, Pacific Region and the Campbell River Harbour Authority. Regardless of the type of analysis used, Public monies were purposely directed to outside parties;
(6). additionally, other issues emerge that corroborate the unreported monies mentioned on the preceding paragraphs.
(a). Contract work carried out at the CRHA facility, does not match the DFO monies awarded to the Campbell River Harbour Authority.
(b). The Island Coastal Economic Trust (ICE T) awarded $120,000.00 dollars (2008-2009) to the Campbell River Harbour Authority to upgrade the same dock floats that DFO-Small Craft Harbours awarded $250,000.00 dollars. Representing a large amount of money than needed to complete the assigned work carried out at the CRHA facility.
(c). Attached to the DFO-Small Craft Harbours invoice numbers awarded to the Campbell River Harbour Authority, shows a FAC number. The abbreviated FAC represents the word "facility" that in turn means the specific infrastructure area of the CRHA facility.
(d). Alike the DFO-ABACUS spreadsheet of invoices received from DFO-Freedom of Information officials (ATIP) it took approximately one year to obtain the FAC Code definitions. Again, these code numbers do not reflect the work carried out at the CRHA facility, giving strong supporting evidence that DFO-Small Craft Harbours grant money was not spent to maintain or upgrade the CRHA facility.
Exhibit F01.1
Exhibit F01.2
Exhibit F01.8
Exhibit F02. (F02.1, F02.2, F02.3 and F02.4) Comparisons of CRHA General Revenue vs. Vessel Counts for the years 1999 to 2007. The comparison results show a lack of revenue reported to the CRHA membership. Between the years 1996 and 2007, the Commercial Fishing Vessels (CVF) counts decreased -57%, while the Commercial Vessels (CV) counts increased 212.91% and the Recreational Vessels (RV) counts increased 97.10%. The unreported revenue stems from the fact that Commercial Vessels (CV) fees are double the Commercial Fishing Vessels (CFV) at 12 cents per foot/per day and the Recreational vessels (RV) are 2.66 times the Commercial Fishing Vessels (CFV) at 16 cents per foot/per day.
(1). Exhibit F02 involves the following documents; Exhibit F02 CRHA Berthage Fees 1999 - Exhibit F02 Excel CRHA Unreported revenue by Percentage - Exhibit F02 Excel Graphs of CRHA Revenue vs Boat Counts - Exhibit F02 Excel Graphs of CRHA Revenue vs Boat Counts.
(2). A conservative and calculated estimate of unreported money to the CRHA membership, originating from boat counts, results in half a million dollars. The amount calculated does not include revenues from Transient Vessels, increases from electric fees paid by Harbour users and other revenues from service charges applied to Harbour Users.
(3). Corroborating evidence originating from an audio recorded interview with Dave Ostler, CRHA Assistant Harbour Attendant, he stated that the CRHA; "no one keeps receipts as far as I know". Dave Ostler gives strong evidence that the CRHA Board of Directors, with intent to defraud, purposely destroy all receipts representing berthage fees paid to the CRHA Corporation. Therefore, a determined methodology of fraud exists, originating from the CRHA Board of Directors, preventing full accountability to the CRHA Membership and Harbour Users. CRHA Corporate funds are managed with no accountability to the CRHA Membership, Harbour Users and taxpayers.
Exhibit G. The Informant's CRHA Membership Card for 2009.
Exhibit H. October 30, 2008, letter requesting live-a-board status, signed by the Informant, Capt. E. G. da Costa Duarte. No indication of the said live-a-board status exists in the CRHA By-Laws and/or CRHA Rules and Regulations.
Exhibit I. A three page letter sent to the "home port vessel owners, Fisherman's Wharf, Campbell River". Letter dated February 2010 and signed by Tom Forge "for the CRHA Board of Directors".
Exhibit I
Exhibit J. DOCUMENT BUNDLE - CRHA FINANCIAL STATEMENTS 1999-2007. Copies collected by Manfred Binger, CRHA member. Pamphlets include the financial years from 1999 to 2007 CRHA Annual General Meetings. Financial Data originating from CRHA Financial Statements was used to produce spreadsheets and graphs for a clear understanding of the fraudulent mannerism of the CRHA Board of Directors.
Exhibit K. DOCUMENT BUNDLE - CRHA AGM MINUTES 1999-2008. Copies collected by Manfred Binger, CRHA member. Pamphlets include the years from 1999 to 2007 CRHA Annual General Meetings.
Exhibit L. Copies of "vessel counts"; namely, Campbell River Harbour Authority, Berthing Statistics. The said document consists of two pages taken from an original document of thirteen pages. The original document involves CRHA Berthing Stats 1998-2007. The Berthing Statistics document is denied access to the public and CRHA members, imposed by the CRHA Board of Directors. Manfred Binger, CRHA member, acquired the Berthing Statistics Document from Linda Franz, CRHA Facility Manager, soon after 2007. Linda Franz refused to give Manfred Binger the full document.
Exhibit L
Exhibit M. All Moorage payment receipts for the Informant's vessel, S/V Açor, paid at the rate of $3.12 dollars per foot per month and enjoyed by all other pleasure craft moored at the CRHA facility. While Capt. E. G. da Costa Duarte never denied payment, the payments were illegally (contrary to the CRHA By-Laws) increased to transient rates on March 1, 2010, in retaliation to a request for a complete financial review of the CRHA Corporation.
Exhibit N. February 25, 2010 AGM Pamphlet.
Exhibit O. Phyllis Titus sworn affidavit, submitted to Federal Court File T-1003-10. The said affidavit produced by Phyllis Titus and sworn under oath, involves numerous false statements about the CRHA Corporation and the Informant. The intent for the affidavit was to intimidate the informant from investigating the CRHA finances. Currently, the said civil lawsuit includes a counterclaim by the Informant for a large sum of money.
EXHIBITS OF AUDIO AND VIDEO
Exhibit P. Audio Recorded interview between Manfred Bindger, CRHA member and Tim Hobbs, CRHA director/treasurer. Recorded January 2010 at Redden Net store owned by Tim Hobbs. Originator of the communication; Manfred Binger (Criminal Code section 184, see Appendix "B"). Statements by Tim Hobbs contrary to the provisions of the Canada Corporations Act.
Exhibit Q01. Audio Recorded interview between Manfred Bindger, CRHA member and Tim Hobbs, CRHA director/treasurer. Recorded December 2, 2010 at Redden Net store owned by Tim Hobbs. Originator of the communication; Manfred Binger (Criminal Code section 184, see Appendix "B"). Statements by Tim Hobbs contrary to the provisions of the Canada Corporations Act and statements involving the control of the CRHA operations and finances.
Exhibit Q02. Audio Recorded interview between Manfred Bindger, CRHA member and Tim Hobbs, CRHA director/treasurer. Recorded April 15, 2011 at Redden Net store owned by Tim Hobbs. Originator of the communication; Manfred Binger (Criminal Code section 184, see Appendix "B"). Statements by Tim Hobbs contrary to the provisions of the Canada Corporations Act and statements involving the control of the CRHA operations and finances.
Exhibit R. - Video Recorded activity; Tim Hobbs and Tom Forge threatening to remove the Informant's vessel from the harbour, just prior to RCMP intervention on March 1, 2010. Video recording produced by the Informant.
Exhibit S. Audio Recorded interviews between Glenn Lusk, CRHA member and Phyllis Titus, CRHA facility Manager since mid-Summer 2010. Dates of Audio Recordings; July 5, 2010 (two recordings), July 6, 2010 and July 27, 2010 (two recordings). Originator of the communication; Glenn Lusk (Criminal Code section 184, see Appendix "B"). Numerous contradictions involving; live-a-boards, Corporate finances, threats, women haters, the real purpose for the live-a-board agreement, etc...
Exhibit T. Audio Recorded interviews between the Informant, Capt. E. G. da Costa Duarte, CRHA member and Kent Moeller, Chartered Accountant, Moeller & Company, Campbell River, BC. Dates of Audio Recordings; July 5, 2010 and October 4, 2010. Originator of the communication; Capt. E. G. da Costa Duarte (Criminal Code section 184, see Appendix "B"). Clarification that no audits were ever undertaken by Kent Moeller and his accounting firm, contrary to information posted on the CRHA Annuals sent to Industry Canada.
Exhibit U. Audio Recorded interview between the Informant, Capt. E. G. da Costa Duarte, CRHA member and RCMP Sgt. Craig Massey, Campbell River, RCMP Detachment. Date of the Audio Recording, November 12, 2010. Originator of the communication; Capt. E. G. da Costa Duarte (Criminal Code section 184, see Appendix "B"). Clarification that no information originated from the RCMP indicating that Capt. E. G. da Costa Duarte was or is a Volatile, etc... person. Excerpts; "My direction to them, the people (Phyllis Titus and Dave Ostler) in the office (CRHA) was to keep the peace, I never said you were volatile". "I went there at your (Capt. E. G. da Costa Duarte) request". Sergeant Craig Massey further stated to them (Phyllis Titus and Dave Ostler) "that there is definitely some process that will work its way through the courts, meanwhile the Police is requesting to give you (Capt. E. G. da Costa Duarte) some space as it goes through the courts".
Exhibit V. Audio Recorded interview between the Informant, Capt. E. G. da Costa Duarte, CRHA member and Ted Thompson, live-a-board, CRHA facility, Campbell River, BC. Date of the Audio Recording July 1, 2010. Originator of the communication; Capt. E. G. da Costa Duarte (Criminal Code section 184, see Appendix "B"). Description of the event that took place on February 17, 2010, involving the sinking of Ted's skiff and how Phyllis Titus reacted to the emergency, refusing to assist him, a member in need, conducive with her past mannerisms. The Informant's initial observation, prompted a simple and direct question, “did Phyllis go to the office and get the big pump”? The exact words originating from Ted Thompson, I do not remember, but the gist of the reply, basically said that Phyllis did not go and fetch the pump. Statement of Ted Thompson; "she said, Ted your skiff sunk, well not quite sunk, the engines are not underwater, she rolled around and disappeared". Phyllis Titus attitude is typical of incompetence displayed by individual members of the CRHA staff.
Exhibit W. Video and digital images taken by the Informant, Capt. E. G. da Costa Duarte, CRHA member of an unprovoked physical assault initiated by Phyllis Titus on November 4, 2010, against the Informant. The unprovoked physical assault was intentional carried out to harm the Defendant, Capt. E. G. da Costa Duarte, where Phyllis Titus awaited his arrival by the side of his parked vehicle. The images include damage to the Defendant's car door and an injury to his face (left side).
Exhibit X. Two digital images taken on April 4, 2010, by Manfred Binger, CRHA member. A shredding truck, destroying CRHA documents. This event was witnessed by two CRHA members, stating that CRHA staff carried a large amount of CRHA documents to the shredding truck.
Exhibit Y. Audio Recorded interview between the Informant, Capt. E. G. da Costa Duarte, CRHA member and Dave Ostler, CRHA Harbour Attendant. Date of the Audio Recording February 13, 2010. Originator of the communication; Capt. E. G. da Costa Duarte (Criminal Code section 184, see Appendix "B"). Quotes from the interview; "She (Phyllis Titus) is definitely a forceful person". "I can't say I agree with everything she does". "I don't know what is driving her". "She was taught by one of the best, Linda Franz". "I am not all that fond of how this place is run". "I am not having a lot of fun since I have been here (CRHA)". "I am an old guy and there are not much prospects of finding work". "I sure wish they would utilize me more than a janitor and a filing clerk, I not in any position to do anything about it". "I have never seen the (CRHA) By-Laws". Referencing the CRHA financial issues, Dave Ostler stated that "no one keeps receipts as far as I know".
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