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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,158 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Eric Forde Quash Motion stalled     |
|    13 Jul 16 06:45:04    |
      From: johnturmel@yahoo.com              JCT: When Eric Forde was in court last time, it had been put       on the docket of a Justice of the Peace with no authority to       do a Quash. When the Crown said he hadn't even read the motion       (guess he hadn't responded on time) it was put it off to July       11. Orillia.              On the 11th, Judge Michael Harpur immediately refused to even       read the motion stating the constitutional issue had not been       properly served on the Provincial Attorneys-General. How could       he know it's constitutional if he hadn't read it?              Too bad he hadn't read the motion before refusing to read it.       In it was the explanation why a S.601 Quash wasn't       constitutional in J.P. and not here either. It also includes a       sample Notice of No Constitutional Question he'll now file. I       include it just so judges too inept to know the law should be       apprised up front. What about a judge too inept to know the       law nor even do his duty to find out by reading it?              The judge put it off to July 26 to pick a date for a pre-trial       hearing. So Eric's going to announce he needs at least 30 days       for the required Notice of Constitutional Question for his       newly-filed Quash Motion.       So now we get to embarrass Judge Harpur as we've embarrassed       Judge Anouk Desaulniers in Marie Eve's Gatineau case coming up       July 22 who also insisted. So she filed her "Notice of No       Constitutional Question" informing all AGs that though no       constitutional issues would be raised, the judge thought there       was and insisted they be given notice anyway!              So now Judge Michael Harpur will enter the pantheon of judges       in AG archives who didn't know a S.601 motion wasn't       constitutional.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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