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

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   Message 10,081 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Smith BENO Quash in Gatineau (Ch   
   03 Dec 15 08:46:48   
   
   From: johnturmel@yahoo.com   
      
   JCT: With all the hoopla about Quebec Judge Chevalier in   
   Gatineau fining a convicted accused $1 for growing 30 plants   
   for medical use, I want to point out that:   
      
   Johnny Dupuis Chevalier ruling 1st Hitzig 170 Precedent!!   
   https://groups.google.com/forum/#!topic/alt.fan.john-turmel/DEUSm3pxx_w   
       Remember, Johnny was one of our original MedPot   
       Musketeers in 2001 when we were challenging Health   
       Canada's refusals to grant exemptions for sick people   
       because it was standard practice to refuse everyone and   
       make the doctors fill out the forms better next time.   
       After a few years of fight in Federal Court, which led   
       to nothing, Johnny went to trial and proved medical need   
       with his doctor's testimony and Judge Chevalier stayed   
       his charges!   
       Judge Chevalier's most important statement was that he   
       believed that Johnny was just as sick at the time of the   
       bust as he was now!   
       These days, does everyone have to bring their doctor to   
       court to testify to their medical need like Johnny did?   
       It depends. Most people today get their exemption after   
       being busted, and that's pretty good proof that they   
       were sick when they were busted so just showing an   
       exemption should prove you qualify for the Dupuis   
       precedent!   
      
   JCT: The article has the whole Chevalier decision in staying   
   Johnny Dupuis marijuana charges because he had medical need!   
      
   Now, the most fascinating coincidence is we have a Smith   
   BENO Quash motion coming up in Gatineau Provincial Court on   
   Dec 16 2015!!! What a coincidence? In the very same   
   courthouse where Chevalier stayed Dupuis charge and fined   
   the grower $1 for 30 plants, we have the hope he's the judge   
   for our 1st Smith BENO Quash in Quebec.   
      
   What an incredible break. The judge who used his own   
   understanding of Parker to stay Dupuis' charges like   
   Parker's were stayed. And it didn't make the news.   
      
   So let's pray for serendipity in our judge.   
   Should be a great time regardless.   
   Dec 16 9:30 Courtroom #12.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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