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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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