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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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