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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,007 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Voytek Krzyz Optimal Stragegy to    |
|    21 May 15 17:52:48    |
      From: johnturmel@yahoo.com              RESOLUTION?              JCT: In my first post "Newfie Crown Andrew Brown's 1st Goof       in Krzyz MedPot Quash!!!" I explained what had happened to       Voytek in Edmonton and what he hopes will happen to him in       Newfoundland.        At his first Oct 17 2011 Edmonton appearance, the        Justice slammed the Quash Motion on the desk and told        the Crown to resolve it (make it go away?).        On March 12 2012, the charge was "withdrawn at request        of the Crown. Seized property to be returned to accused        including marijuana!"              JCT: Now, it would be a long-shot but what if he got a judge       who might have done some homework to explain the Crown's       options before slamming the Motion down and ordering the       Crown to make it go away:              Smart Judge: Look, Parliament's about to repeal marijuana       prohibition anyway, what are you going to do then?              Plus it is legal for Mr. Krzyz to store that amount in BC.       [Why not just mail it back to where it's legal? Har har har]              Plus I've done a bit of research and found that Mr. Krzyz is       using John Turmel's kits which could stall your case for       years. After 9 years, James Turner in Ottawa is just now       coming to trial. With repeal right around the corner, do you       really expect to complete a 55-witness constitutional       Charter challenge, have a jury trial and then defeat the       appeals before Prohibition is Repealed? [Har har har! would       be nice.]              So what if this judge slams the Quash down and tells Brown       he'd rather it went away? Sure, not likely. But how could       Voytek have his pot returned now that he's back in BC?              Of course, should Voytek get the Federal Court of Appeal to       amend his Authorization to Possess to store his pot in       Newfoundland, maybe retroactively? the Crown would be hard-       pressed to keep up the prosecution. But Voytek had to return       to BC where he's legal. How would they return his pot now       that his Newfoundland address is gone? Only one simple       way!!!              RETURN BY SHIPPING TO WHERE IT'S LEGAL              Having to remain in BC, should he now move again to       Newfoundland to collect his pot? Transport it from the       police evidence room in 150-grams loads over 150 trips? So       even if he could somehow get it ordered returned, how could       he collect it now that there's no Newfoundland address to       send it to?              Then it dawned on me. If the S.24 order could have them mail       it back to a legal address in Newfoundland to avoid the 150       trips to the Evidence Room, why couldn't the Order say to       mail it back to its lawful address wherever that may be?       Back to BC where he's legal to collect it. And it's over.              So should the Crown be convinced to withdraw, there's an       easy out to finish the process. Should work for anyone in       the same predicament who were forced back to their original       grow-site. Of course, getting the Crown to withdraw on what       he thinks is a such big number (half the family stash, har       har har har har har) won't be easy though explaining it to       the media wouldn't be so hard!              "Come on, it's legal for the guy to have it in BC. You want       me to spend resources prosecuting a medically-qualified       patient for the next few years with the possibility of       Parliament decriminalizing at any point in the near future       before a jury trial may even take place? Sending it back to       where it's legal seemed the simple end to a crime based on a       wrong address!              So it's not as if the Crown would get very laughed at to       give up against a guy who is legal and won his pot back       before, is it? Oops, wrong address, sending it to the right       one. Har har har. So easy and yet so far.              So Voytek's going to ask to amend his Return Motion to       include the words: "to the address where the controlled       substance may be legally stored." Nightmare over.              NOTICE OF NO CONSTITUTIONAL CHALLENGE              Calling Crown Brown's bluff with Rogin would be a great fun       fight. I'd love to hear Brown explain what "underlying       nature" the AGs should have been informed of. Har har har.              He'll be ready to go regardless. So I can comply and serve       the Notice to all provincial AGs to just go ahead with the       Quash or I could have Round One to lay a beating on the       Newfie hick before his own home town.              "TAKE NOTICE THAT no amendment is being challenged but the       underlying nature says you should be bothered" "Rogin says       not to bother!" Har har har.              Because Rogin was right in the first paragraph of the       Motion, how could he have missed it? It's really really so       so tempting to start this with a real public brain-slapping       over his incompetence with our final winning card having       been exposed in front of his face in paragraph 1! Like him       losing to an exposed Ace! Har har har.              Both would be much fun. Making him Clown Brown before all       the provincial attorneys general forever or a Round One win       before his home town. Why are things never easy?              I don't like complying because it sits in provincial       archives with only a few lawyers getting any yuks and lets       his goof go away unpunished while we get on with the serious       motion.              But not complying to file the Notice starts a fight in open       court and gets us an early preliminary win in the process.       Nice to start anything with a small win.              A) Comply and I get to make fun of our Newfie Clown       Attorney in 14 extra provincial archives, B) not file the       Notice starts at fight before the Quash even starts.              Play Safe or Be Bold! What will the Great Canadian Gambler       do? TajProfessor says: Consider the pay-offs. Har har har.       Will "the Maniac" at the Taj play safe or be bold?              Monday's the 30-day deadline. Tell you then if I call the       Clown Attorney's bet.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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