home bbs files messages ]

Forums before death by AOL, social media and spammers... "We can't have nice things"

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

[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]

   Message 10,048 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Conroy sells out Exemptees and n   
   23 Aug 15 12:35:54   
   
   From: johnturmel@yahoo.com   
      
   JCT: Or is it they just don't know?   
      
   Mar 21 2014 Justice Manson ruled that in order to protect   
   the viability of the MMPR, he was cutting off half of   
   Canada's exemptees from their meds (including Allard co-   
   Plaintiff Tanya Beemish) and the remaining half would have   
   their permits cancelled for any needed change (including   
   Allard co-Plaintiff David Hebert).   
      
   In Dec 2015 three judges of the Court of Appeal can't   
   understand why Justice Manson would have Left Out half of   
   Canada's Exemptees from access to their medicine nor why he   
   was cutting off meds to people who needed permit changes.   
   sNote, they didn't even notice the 5 times Justice Manson had   
   said it was in consideration of the effects on the MMPR. But   
   rather than expand the relief themselves, concluding they   
   "could not speculate why" he left them out and not realizing   
   he had given his reason 5 times, they sent it back for his   
   reason. And he told them for the 6th time it was for   
   viability of the MMPR, if not the patients.   
      
   The only way to over-rule Manson's Death Penalty on Permits   
   was to go back to the higher Court that hadn't even   
   considered MMPR viability in their deliberations! And ask   
   for an Interim Order allowing all patients the needed remedy   
   while the appeal of Manson's Execution Order is challenged.   
      
   So Conroy appeals to the Federal Court of Appeal but does   
   not move for interim remedy. Let the patients live without   
   their meds while Conroy's appeal goes on. Get that? He   
   didn't ask for immediate remedy he would have most likely   
   received within days!!!   
      
   Now comes the Stab-in-the-Back. He tells all his hillbilly   
   supporters that the legal wisdom was to discontinue the   
   appeal to the higher court with jurisdiction to overrule   
   Federal Court Justice Manson to stay below and ask another   
   peer judge with no jurisdiction to vary Manson's Order.   
      
   Of course Justice Phelan dismissed the motion to vary on the   
   grounds he had no jurisdiction to vary a carefully-crafted   
   Order that Justice Manson meant to cut them off. No doubts   
   about it.   
      
   Get that! Conroy discontinued the appeal to the higher   
   judges with the jurisdiction to overrule Manson to go put on   
   a show below before a judge without any jurisdiction. Get   
   it? That whole motion to vary was smoke & mirrors.   
      
   No remedy for the Left-Outs! No remedy for those needing   
   amendments. All hope was not lost, but it was discontinued.   
      
   Now, if you're in the affected class, you can't start your   
   own Statement of Claim for relief. Phelan ordered all others   
   but Conroy's Plaintiffs are automatically stayed until the   
   Allard case is over, whether they're seeking anything to   
   help you or not. And usually not.   
      
   Nor can you file your own appeal because Conroy changed it   
   from a class action where you'd have a stake to an action   
   with only his 4 Plaintiffs having a stake; while making   
   everyone think they were in on it. Did you contribute   
   thinking he was protecting your right with theirs?   
      
   Some in the group did apply to appeal the Manson order   
   afflicting them but Federal Appeal Justice Dawson ruled only   
   Conroy's Beemish Left-Out and Hebert Moved-Out had standing   
   to appeal, no one else in the group since it's not a class,   
   and the Allard had it discontinued... Har  har har har har   
   har, she must have chuckled at the patients being so screwed   
   by Conroy, but Jeff Harris is leading 17 people in appealing   
   her decision to the Supreme Court of Canada that only   
   Conroy's Plaintiffs have standing to appeal for the class   
   and since they discontinued, everyone else is out of luck   
   and have to live with it; or die, for some.   
      
   If you were screwed in the Manson Order and have now been   
   screwed by Conroy discontinuing the appeal to amend your   
   permits, your only hope is to join Jeff Harris and other   
   Manson victims needing permit amendments at the Supreme   
   Court of Canada.   
      
   It costs $75 to get an Application for Leave to Appeal the   
   decision that you have no standing on the record at the top.   
   And maybe a ton of angry victims could make an impression.   
   And there's even a Fee Waiver form to save the $75 if you're   
   poor as most of Manson's victims probably now are.   
      
   So if you are one of those screwed by Conroy's   
   discontinuance of your appeal for expansion to the right   
   guys, this is your one and last hope. You can help exert   
   pressure at the top for a pittance or even free. And if you   
   don't, someday, someone may ask why you did not. After all,   
   having your name at the top for posterity is a once in a   
   lifetime change on an issue you'll be proud to let people   
   link to forever.   
      
   I'm discontinuing going to the guys with jurisdiction to   
   save you to go to the guy who doesn't.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]


(c) 1994,  bbs@darkrealms.ca