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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 10,009 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Voytek Krzyz nixes filing Consti   
   25 May 15 20:49:02   
   
   From: johnturmel@yahoo.com   
      
   JCT: Remember in the last post, I explained how despite my   
   having put the Rogin decision right in the Quash Motion   
   explaining how he and the Crown in J.P. agreed no   
   Constitutional Charter issue had been raised to strike down   
   any law, Newfie Crown Andrew Brown insisted there was so   
   that notice should be given the provincial Attorneys General   
   and Voytek was given until today to serve and file it.   
      
   The last time I had a Crown make this error, I did serve all   
   14 provincial Attorneys General with a Notice of   
   Constitutional Question alerting them that no Charter issue   
   was being raised. Good laugh on the Crown in the 14   
   provincial archives forever! I could have done the same here   
   and ended with:   
       Play Safe or Be Bold? Thinking on it.   
      
   JCT: Har har har. Not only was I the feared Great White   
   Shark as The Professor at the Taj Mahal Poker Casino,   
   (remember Matt Damon in Rounders at the Taj saying: we don't   
   play together but when was the last time you saw one piranha   
   eat another?) some people called me "The Lunatic" for my   
   incredibly aggressive style. I've always found bold   
   aggression pay off and playing safe rarely wins most.   
      
   But Clown Attorney Brown is different. The other Crown   
   didn't have the Rogin decision right in his face when he   
   played the false card. He didn't know about J.P. while Brown   
   had to know or he missed it. Much much weaker position and   
   I'm not letting him get away.   
      
   Especially after him goofing the cell-phone condition! I get   
   to slap the Crown before his own home town. Twice now! In 2   
   different courts. Superior to vary the bail condition and   
   below for the Quash and whether Constitutional Notice is   
   necessary.   
      
   So I'm not going to miss beating him up twice. Voytek gets   
   to open the Quash hearing (with his cell phone on the table)   
   and point out how the Crown's letter was to tell him what   
   statute he should inform the AGs he was trying to strike   
   down for violation of what Charter right.   
      
   The Crown's letter then cited no Charter right that   
   challenged no Statute but insisted he'd object if Voytek   
   didn't come up with one on his own.   
      
   If the Crown couldn't come up with one, and Rogin says there   
   isn't one, and the J.P. Crown agreed with Rogin, Voytek's   
   didn't file what he didn't know to file unless the Court can   
   tell him what statute is being struck with what Charter   
   right for which notice should be given.   
      
   Har har har. There isn't any! Clown Brown couldn't find one.   
   And the judge won't be able to find one! Har har har. Did   
   anyone really think I was going to let my opponent make a   
   mistake like that and not make him pay the max? He's going   
   to have to argue against Rogin out of Paragraph 1 of the   
   quash motion in Round One of public court. Har har har.   
   After failing to come through in his own letter! And yet   
   still insisting we find one he couldn't! Har har har.   
      
   Cell phone on the table, Rogin in his face, I think June 25   
   is going to be toughest day in Newfie Crown Andrew Brown's   
   career. He'd even checked  me out. Guess he didn't take it   
   seriously. Oops.   
      
   After the "NO Charter Notice" beating, what if the judge   
   realizes there's no way to complete the prosecution (now   
   that the guy who just called Brown's raise is involved)   
   before Parliament repeals prohibition? I wonder if the judge   
   could just sign the S.25 Order and have police ship the pot   
   back to BC on his own?   
      
   So the only real chore left is a motion to amend the Return   
   so it be shipped back to wherever it's legal for the Accused   
   to Possess it. Nice and clean request solving delivery up   
   front. Whether he's in Newfoundland or BC won't matter.   
      
   Remember in days of old movies, the screw-up Keystone Kops?   
   How about Newfie Clown is Keystone Krown Andrew Brown?   
   Get brain-slapped on the Rogin Notice and then we get to   
   watch him explain to Superior Court how he forgot to include   
   the phone condition he spent hours of argument winning. Har   
   har har.   
      
   Fun preliminary rounds with years more to go.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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