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

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   Message 10,116 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Greg Magnusson Allard-Smith BENO   
   12 Apr 16 09:30:47   
   
   From: johnturmel@yahoo.com   
      
   Greg Magnusson wrote:   
      
   MAR 3RD, 1:54PM   
   Last night I was charged with Production of a controlled   
   substance section 7(1) while acting in good faith that I am   
   a holder of an expired Personal Use Production license.   
      
   I had received a medical MMPR license dated March 10-2014:   
   MMAD-128223-14 Client ID: 80306 146 plants. My possession   
   license is for 30 grams a day and 900 grams carry. I has an   
   exemption for 6570 grams in my own home. I was not growing   
   at my designated address and the police say they counted 580   
   plants.   
      
   Many of the plants were unrooted clones and unsexed seeds. I   
   was about to attempt to share clones for three other   
   licensed growers who because of fear do not want to step   
   forward. My personal production number is 146 plants. I had   
   120 plants growing under 8 lights and the rest was   
   vegetative. My symptoms are increasing and I am wanting to   
   see another doctor.   
      
   Today I am off to my bail hearing. I was released last night   
   at around midnight after 6 hours of holding. The police came   
   in "hot" on February 17 in the morning. I was not there. My   
   landlady was thrown to the floor while four men with   
   automatics said things like "stay down or I will shoot".   
      
   They found 3 grams of cannabis and 1/4 gram of a mushroom in   
   her bedroom and charged her with possession. She showed them   
   the rental agreement I had signed and offered them the key.   
   They went to the adjacent garage a 525 square foot   
   unfinished building next door and took turns kicking the   
   door until they broke the frame.   
      
   JCT: Key? Who needs a key? The officers wanted to use their   
   boots. At least you've got their names to add to the story.   
      
   A building that does not yet have running water. My landlady   
   (the homeowner) and her roommate were taken in handcuffs to   
   the station and held and interrogated for about 8 hours. I   
   promised that if anything went "south" I would step forward   
   believing I was protected by health Canada.   
      
   When the police arrived at the landlady's house last night I   
   watched the officer knock on her door and then go around the   
   back. I live across the street, she told them that and no   
   mail or notice of any kind was issued. I waved to the police   
   officer and asked if anything was wrong. After introducing   
   myself he explained that I was under arrest.   
      
   I did not exactly resist arrest but I angered him while I   
   tried to produce my medicinal documents. He said hands   
   behind your back.. I said that is not necessary what is   
   going on, he said you are under arrest. He had a very   
   difficult time twisting my arm and then moved me from the   
   sidewalk against the building.... but whatever on that   
   part... no cameras. Anyhow.   
      
   The Landlady still has not seen the warrant that I recovered   
   from the floor in the garage.. a clearly separate building.   
   Meanwhile my Medicine in plant form was destroyed. No   
   cannabis was found as I was, and am, nowhere near my   
   personal supply needs. My license says I can have 6570   
   grams.   
      
   JCT: So a simple S.7 cultivation charge. They withdrew   
   against James Turner's 2,879 plants, against Ray's 500-plant   
   overlimit, like you, so why worry?   
      
   It makes no sense that they came in with a swat team when   
   they could have knocked on the door and asked for the key.   
      
   JCT: To those with only a hammer, everything looks like a   
   nail.   
      
   I believed I was acting appropriately. I am sending this to   
   you for your information and I am wondering what to do next?   
      
   MAR 16TH, 6:55PM   
   Ok. So I am confused. I called the Rossland provincial court   
   and said "what is the first day open for the hearing of a 20   
   minute motion? She had no idea what I was asking for. I said   
   criminal court? she said april 7. So.... what am I asking   
   for? Who do I talk to? I am going in person tomorrow... need   
   to know the lingo.   
   Are all of the offices I am looking for in the courthouse?   
   one to the crown office get signed and one to the   
   registry... where does the third form go?   
   so i called the provincial court house in rossland...that   
   was the error.. i have to contact the crown office in nelson   
   i just called the nelson crown office she had no idea what I   
   saying. april 7 is the day that a judge will be there   
      
   rossland court registry   
   Police file number 16-630 registry number 250-362-7368   
   (i will call this one tomorrow)   
      
   APR 1ST, 5:20AM   
   hello, i took your advice and had some fun today. after a   
   third attempt to file the quash at the courthouse i got the   
   address for the office of the crown prosecutor got him into   
   the library room and said, "you are served". He claimed that   
   did not mean any more than the information he gave me for   
   the proper place to file the motion. There really is no   
   office of the registry here (so far as I understand) and he   
   in return gave me the address of the office in Vancouver for   
   the filing of a motion... so maybe I fax them one? Anyhows..   
   thanks again. It was fun to say "you have been served"   
      
   APR 1ST, 10:11AM   
   Jct: As long as you served him, you can hand in the motion   
   to your next judge.   
   My first appearance is April 7 at 930.   
      
   The prosecuting attorney gave me the phone number for the   
   registry office in vancouver   
      
   THU 4:51PM   
   I really hate wasting your time... anyhows.. the police woke   
   up the landlady last night at around midnight to tell her   
   that she did not need to go to court in the morning.   
      
   got through court quickly... they did not take the service   
   of the motion and did not have disclosure ready. I was   
   informed that I am being charged with production of a   
   controlled substance and adjourned until may 12... so I will   
   get the motion in order in the vancouver registry office...   
   the trafficking charges against me and the landlady were   
   dropped.   
      
   I mean I was unable to give them any paper. The motion for   
   the reading of a 20 minute motion was adjourned.   
   I did not approach the bench with the quash or know how to   
   do that.   
      
   I served the motion to the crown... then had him in the   
   office when the commission signed page 19 when he told me I   
   would not be able to use that motion   
      
   The same woman that told me I could not file it in the court   
   room is the commissioner. She signed it.   
      
   no.. I took none of the commissioners advice that I could   
   not file motion at the courthouse so she gave me the address   
   of the prosecutor. Today when I learned that she was in fact   
   the commissioner I got her to sign the same document that   
   she refused to accept while the prosecutor who the document   
   was "served to" told me that I could not use that document   
   until I filed it. The judge refused to hear the "I would   
   like to ask for the hearing of a 20 minute motion" and   
      
   [continued in next message]   
      
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    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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