From: johnturmel@yahoo.com   
      
   TURMEL: Orillia Eric Forde Quash Motion stalled for Constitutional Question!   
      
   JCT: When Eric Forde was in court in Orillia 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.   
      
   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 Eric will now   
   file. I include it just so judges too inept to know the law   
   should be apprised up front of what I'm going to do. 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 and Judge Laflamme in niece Marie's   
   Gatineau case. So she filed her "Notice of No Constitutional   
   Question" informing all AGs that though no constitutional   
   issues would be raised, Judge Desaulniers thought there was   
   and insisted they be given notice anyway! There it was.   
      
   Now same thing for Judge LaFlamme and now Judge Michael Harpur   
   for Eric Forde will enter the pantheon of judges in AG   
   provincial archives who didn't know a S.601 motion was not   
   constitutional.   
      
   Imagine the day we catch a judge who accepts Rogin is right   
   that a S.601 Quash is not constitutional. Just have to keep   
   looking.   
      
   Ray with Rene Ouellet in Quebec City July 29 trying to set a   
   date for trial so the Quash can be heard by the Trial judge!   
   Har har har. Rene will argue the Quash is for a judge of first   
   instance.   
      
   Then Max has a newbie Quash on Aug 4 in Montreal.   
      
   And Ray has another newbie Quash on Aug 8 in Gatineau.   
      
   Then on Aug 11, Ray has two more in St-Jerome.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)