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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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