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

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   Message 10,192 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Ray files Guy Potier Quash in Va   
   28 Nov 16 09:09:59   
   
   From: johnturmel@yahoo.com   
      
   JCT: Ray Turmel was in Valleyfield to with Guy Potier. He'd   
   heard that Potier was about to plead guilty to cultivation of   
   8 plants and Possession of a pound.   
      
   During discussion last week, Ray found out that his lawyer had   
   concluded a plea bargain where his sentence would be settled   
   by a pre-sentence report. Probably no jail...   
      
   So Ray explained that Guy would need to get the lawyer to   
   retire from the case if he didn't want to present the motion   
   until Guy had had the motion dealt with.   
      
   After explaining it to the lawyer this morning, the lawyer   
   informed the court that he would be withdrawing while Guy   
   would present his motion, which looked constitutional and   
   should be heard by the Trial Judge.   
      
   Guy piped up right away and said: No, it's a Section 601   
   motion. Nothing constitutional.   
      
   The Crown didn't know what a S.601 motion to amend was either.   
   So they checked in the Criminal Code and Judge Julie Maude   
   Greffe concluded that it wasn't constitutional and should be   
   booked for hearing before any Preliminary Hearing. She said:   
   Don't want to waste everyone's time...   
      
   The Crown said that if Guy was going to keep fighting, they   
   were free to add another charge to the indictment: Possession   
   of hash oil, 5 grams. Har har har har har har. Real threat!   
      
   So the judge slated it to be heard on May 23 2017. So here's   
   another judge who got S.601 right. But in Quebec, only two   
   before her.   
      
   Much like Rene Ouellet who was going in to plead guilty and be   
   sentenced before Ray intercepted him and he's now in Superior   
   Court on an extremely rare motion for Certiorari, to pull his   
   case out of Judge Roy's jurisdiction to the Superior one. All   
   caused because Judge Roy ruled a constitutional motion had to   
   be heard by the Trial Judge. Her original sin now under   
   Certiorari attack. Bet there isn't a judge in Quebec who's had   
   one of those pulled before.   
      
   So Guy was facing pleading to an unknown sentence and is now   
   re-invigored by the knowledge that his S.601 Quash should work   
   out as well as that of J.P.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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