From: johnturmel@yahoo.com   
      
   JCT: It was a weird hearing. Remember, an hour had been   
   slated for the hearing of the motion in Courtroom #12. But   
   it was switched over to general sessions in Courtroom #5   
   with a lot of Gatineau's lawyers present. But it meant the   
   promised hearing probably wasn't going to happen.   
      
   We had a history with Judge Anouk Desaulniers. She  was the   
   Crown Attorney who had prosecuted Ray Turmel on his 2000   
   cultivation charge and every older lawyer in the room knew   
   me and Ray.   
      
   The judge noted that she recognized the man Marie Eve walked   
   into the room with as Ray Turmel asked if she knew him.   
   "Yes, he's my father." Ray said that it was nice that she   
   had been in the marijuana fight at the start and could now   
   be in it at the end. That got a chuckle.   
      
   She explained how she'd been the Crown Attorney for the   
   trial, then to the Court of Appeal, then to the Supreme   
   Court of Canada.   
      
   Before Marie Eve could get started reading in her motion,   
   the Crown jumped up and objected that it needed a Notice of   
   Constitutional Question to strike down an unconstitutional   
   law.   
      
   Marie Eve pointed out how she'd explained to the last judge   
   that the motion (1st paragraph) explains it isn't a   
   constitutional question. Judge Desaulniers disagreed and   
   said it couldn't be dealt without a Notice of Constitutional   
   Question.   
      
   Marie Eve asked if she'd read the motion (where it was   
   explained by Rogin that Parker and Hitzig did the   
   constitutional parts so that J.P. did not)? "No." said the   
   judge.   
      
   But despite having not read how Parker-Hitzig had done the   
   constitutional parts so J.P. didn't have to, and how Parker-   
   Smith have now done the constitutional parts so Marie Eve   
   doesn't to also, the judge asked what gave her the right to   
   make the motion, Marie Eve asked if she could check with her   
   advisor, me. Sure. I said: Smith is the new precedent. And   
   that's what she relayed.   
      
   Regardless, the judge was putting it off until the Notice   
   had had been served and filed. She got a good laugh at how   
   the well-known non-lawyer advisor had failed to handle such   
   a simple formality and that Marie Eve should find herself "a   
   pro" to do it right.   
      
   Doesn't this turn out funny for those who know it's not a   
   constitutional question to realize that none of the "pros"   
   in the room knew that either! Har har har har har har.   
      
   She slated 4 hours in July 22 2016 9:30 in Courtroom #6 and   
   when the Crown said it shouldn't need the 4 hours, the judge   
   told her to be be prepared for it to take longer than she   
   thinks. Another guffaw.   
      
   Then the judge wondered if she should recuse herself from   
   possibly hearing the motion "because I prosecuted your   
   father" if Marie Eve had any concerns. Marie Eve said she   
   had no concerns, only to get it dealt with in a fast an   
   efficient time frame.   
      
   But if the judge did have any such concerns, could she maybe   
   relay it for hearing Judge Chevalier since he was up on the   
   issues. That got another huge guffaw. The judge explained he   
   was now retired after giving a medical user a $1 fine for 30   
   plants. Not only that, but Le Droit reported that very day,   
   someone filed a complaint against Judge Chevalier's parting   
   shot at prohibition.   
      
   So, there is the option to serve a Notice of Constitutional   
   Question to all 14 provincial Attorneys-General informing   
   them we're not raising one but that Judge Desaulniers   
   insists we file one. So we are. And go back before July.   
      
   But on Dec 16 2015, we did have the 1st Smith BENO Quash   
   withdrawal of charges of S.4 Possession, S.5(2) Possession   
   for the Purpose of Trafficking  and S.7 Production of 2,879   
   plants. I earlier reported 1,800 plants but the Crown   
   charges 2,879.   
      
   Think about that, the first withdrawal to avoid our Smith   
   BENO Quash motion is for 2,879 plants. Full details in   
   tomorrow's report.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)