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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       On March 12 2012, the charge was "withdrawn at request   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   appeals before Prohibition is Repealed?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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