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

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   Message 10,061 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: QCA Justice St-Pierre nixes late   
   01 Oct 15 02:43:58   
   
   From: johnturmel@yahoo.com   
      
   JCT: On Sep 22, 2015, Maxime Gauthier had organized three   
   Appellants were filed in the Quebec Court of Appeal for an   
   extension of time to file a late appeal before Justice Marie   
   St-Pierre. Eric Gravel, Nicolas Duranceau and Nicolas St-   
   Marseilles were filed but only Eric showed. Fortunately,   
   ally Benoit Perreault had found Roger Gaudrault to file on   
   short notice on the the morning of the hearing!   
      
   What's interesting is that Eric had been charged in St-   
   Jerome, the same jurisdiction as brother Ray for his   
   mandatory-minimum over-growing plants charge which the Crown   
   had eventually given up on. So, of all the Crowns we could   
   have gotten for this hearing, Maxime Lacourciere, Ray's   
   Crown, showed up, one who had good reason to be wary of me.   
   Another Crown came for the other two files.   
      
   Justice Marie St-Pierre took a few minutes to hand down two   
   reserved decisions from the day before and then called our   
   guys.   
      
   She suspended the files of Duranceau and St. Marseilles to   
   deal first with Gravel and Gaudrault. She said that there   
   wasn't enough information in the motion for her to rule. She   
   needed the charge, the date of the infraction, the date of   
   decision, that same kind of info Justice LaForme wanted that   
   goes into the Notice of Appeal and isn't really relevant to   
   whether the Smith BENO is important enough to let him in   
   late.   
      
   She had a calming presence on Eric. She spoke loudly,   
   clearly, and pleasantly, we were all charmed.   
      
   She could have peremptorily dismissed it or adjourned it to   
   be amended but instead, just as a lawyer representing Eric   
   might have suggested, she asked the Crown to provide the   
   info. Once he had read it in, she could then proceed with   
   the motion.   
      
   She also asked the other Crown to go get the info on Roger   
   while she dealt with Gravel. Eric simply said it was all   
   written in the documentation and he had nothing more to say.   
   So she sat him down and invited the Crown's response.   
      
   Mr. Lacourciere went into the usual Crown rant about this   
   being more of the same orchestrated by John Turmel at the   
   back of the room. "Hi Mr. Turmel, honor to see you again"   
   sort of stunned me. I was stunned again when she pointed out   
   this was different in that it dealt with the Smith decision   
   of only a few months ago. Everyone was stunned. When Eric   
   said he had nothing to say in Reply, she reserved her   
   decision.   
      
   Then she went on with Roger who had filed that very morning   
   and used her "exceptional powers" to hear the motion with   
   out a File Number that would be added later. She then got   
   the Crown to read off Rogers convictions, 5 for growing and   
   pleading guilty over the past 8 years. Dangerous gardener?   
   Roger agreed those were the facts and she reserved her   
   decision on it too.   
      
   Then the other two suspended files were just left suspended.   
      
   On Sep 29 2015, Madam Justice St-Pierre dismissed the   
   extension of time ruling   
   1) he did not show an intention to appeal within 30 days   
   despite not finding out the law was invalid until after;   
   Stuck with his bogus conviction under an invalid law.   
   2) he did not show diligence in pursuing this intention   
   before finding out the law was dead so he's stuck;   
   3) he did not have any chance of success so what worked for   
   J.P. can't work again for him.   
      
   What can I say but that Justice Marie St-Pierre was a real   
   disappointment. Pretty lame excuse to keep someone with a   
   criminal record ruining his life because they only announced   
   he had a bogus conviction after the 30 days appeal period. A   
   decision based on a complete technicality.   
      
   But when others do finally appeal within 30 days and use   
   Smith BENO to get their convictions overturned, they can   
   think about the ruling that the law was dead being too late   
   to clear their records too. Only the last 30 days worth may   
   appeal. Everyone else is stuck with their bogus convictions,   
   Justice Marie St-Pierre said so.   
      
   Plus at least when 30 Quebeckers keep being convicted every   
   day from now on who will be able to judge Justice St-   
   Pierre's reasons for why they have to now appeal on their   
   own. She kept the prosecution machine going knowing the law   
   is dead!  Doesn't realize 4 epileptics a day are still dying   
   because of the prohibition she did not strike down.   
      
   It should quite a fun appeal to write to the Supreme Court   
   of Canada. All bogus convictions but for the last 30 days   
   can't be erased!!! The St-Pierre decision. For Quebeckers   
   only, though.   
      
   Quite the justice from the Madam Justice.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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