From: johnturmel@yahoo.com   
      
   CE: I'm happy with my presentation, did the best job I could   
   have and Im happy with the public support more then   
   anything!!!  That being said,   
      
   I have very little faith the judge won't dismiss the motion.   
   He didn't put the crown on their toes or question them at   
   all. He stopped me multiple times to point out that the   
   Smith decision was limited to licensed suppliers which I   
   kept trying to reword and demonstrate that it wasn't but he   
   wasnt really listening.   
      
   Crown spoke very softly which was unusual and only one crown   
   showed. They acted as if it was a waste of time and judge   
   pointed to all the previous examples where these quash   
   motions had failed.   
      
   Finally he pointed out Hillman quash loss and how he   
   respected that judge etc etc..   
      
   JCT: Was Hillman a Smith BENO Quash? Or an old Sfetkopoulos   
   and Beren BENO Quash?   
      
   CE: He did laugh when i invited him to Thomas Cromwell (scc   
   judge) doing a keynote speech at Halifax library tonight if   
   he wanted to ask Cromwell directly for a better   
   interpretation of smith   
      
   Jct: Well, if he can't understand the analogy with J.P.,   
   he's resisting.   
      
   CE: He understood, dont worry about that. wink emoticon   
      
   Jct: He's on the spot. So he reserved his decision?   
   You're the second reserved decision? of this possibly   
   "frivolous and vexatious" motion? That's good news.   
      
   CE: Yes reserved till march 3. He was a little saucy when   
   setting the delayed date and made note of his respect for   
   both parties. He rebuted by saying dont be too hasty only   
   giving yourself 30 days. Justice Riopelle in Neron has been   
   on indefinite reserve for a cpl months now. Heidi ripped a   
   pretty notable laugh at that point.   
      
   Jct: Great that he knows about Riopelle. that was a great   
   whack. Any other tidbits before I publish a report   
      
   CE: Did u see my post about meeting justice cromwell from   
   scc last night   
      
   Chris Enns   
   February 5 at 10:17pm .   
   I shook hands with Justice Thomas Cromwell from the Supreme   
   Court of Canada tonight at the IdeaLaw conference. I thanked   
   him for restoring dignity to thousands of sick Canadians   
   with the Smith decision and he was very receptive. He   
   emphasized that there is a lot of work still to be done in   
   this area of law. It was like that feeling of a cool breeze   
   on a blistering hot summer day. Perhaps an insignificant   
   moment in the overall scheme but it made something big and   
   scary seem very accessible to me. Interestingly, the theme   
   of the conference was access to justice.   
      
   Judge Del Atwood who is trying to jail Patterson and banned   
   me from his courtroom was right beside us for the whole   
   convo about Smith. I turned afterwards and asked him if i   
   could come back in his crtroom if im silent   
      
   Jct: Did you order the CD? Costs $25.   
      
   Sure did.   
      
   JCT: Heidi's Chartrand's comments:   
      
   Jct: I'm prepping a report on Chris' reserved decision. Hear   
   he got in Neron's reserved Riopelle decision and you   
   laughed?   
      
   HC: Oh yeah. I had a hard time staying in my seat. I wanted   
   to get up and cheer several times... it was beautiful! Chris   
   said it in a really smart way like "oh and dont be too hasty   
   with your decision because justice riopelle also has his   
   decision reserved for a like matter" hahaha   
   Har har har. Great stuff.   
      
   Judge said" I'm not sure that is how Justice Cromwell meant   
   for those words to be interpreted."   
   Chris: "Well Justice Cromwell will be at the public library   
   on xxxxx so you can go and ask him verbatim- Jes pipes in "I   
   will even buy you a coffee!!!"   
      
   Regarding section 4,5 and 7, I believe being of no force and   
   effect....   
   even the judge laughed at that one   
      
   Jct: It doesn't matter if the Supreme Court didn't do No   
   Offence for Smith Bad exemption. The court didn't do No   
   Offence for Hitzig Bad Exemption either but J.P. still used   
   Parker-Hitzig to quash as we may use Parker-Smith to quash.   
   Sure the Court of appeal wondered why Lederman didn't   
   declare BENO when he declared BE, but Alan Young hadn't   
   asked. But it didn't mean it wasn't so since J.P. then won.   
   Same here. As long as the decision said "bad exemption," it   
   doesn't matter what else it didn't say.   
      
   HC: I think the judge knows this as well but is really   
   trying to not be the one who says it on the record book   
      
   Jct: As long as he knows about the Turner fold and the   
   Superior Riopelle decision, there can be no frivolity. How   
   old is he? Might he want to make a name for himself?   
      
   HC: He is probably late 60's   
      
   Jct: A soon-retiring guy might be good. Well, I think that's   
   a plus. He really could end his career on a national bang.   
      
   HC: Chris mentioned both of those. I forget how he worded   
   the James turner bomb he dropped but the look on the judge   
   and the sherriffs face was priceless   
      
   Jct: I told chris to get the CD. It was only $25 for   
   Stephen's when I bought it.   
      
   HC: Oh I hope he does!   
      
   Jct: Bring CD of the Federal Court hearing for Left-Outs   
      
   HC: I agree! I will see if he wants to have a get together!   
      
   Jct: But the good news is that there are now two reserved   
   decisions. TURMEL: Halifax Judge ?? reserves decision on   
   Chris Enns' Smith BENO Quash will be the headline.   
      
   HC: Judge Theodore K. Tax   
      
   Jct: Good, Riopelle's been out 4 months. Your judge set a   
   deadline for himself.   
      
   HC: Yes Judge Tax....He said he will reserve his decision   
   until March 3 I believe.   
      
   Jct: That's quick   
      
   HC: That was when Chris said "Don't be too hasty Riopelle   
   has his decision on reserve as well"   
   Of all the judges I have witnessed to date he seems to be   
   the most down to earth... realizes his power but didnt let   
   it go to his head. He has been very tolerant of Jes and her   
   outbursts. Even allows laughter in his court room   
      
   Jct: Sounds better and better all the time. Chris met   
   another involved judge with the SCC judge.   
      
   JCT: Well, we now have reserved decisions on Smith BENO   
   Quash in 2 provinces. On Feb 19 we could get one in Quebec.   
   And on Feb 26, I'll be in Calgary with Voytek Krzyz trying   
   to get one in Alberta. Four provinces with reserveds!   
      
   After folding to Turner's Smith BENO Quash, being reserved   
   in all those provinces is turning it into serious combat.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)