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

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   Message 10,196 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Judge Beaulieu dismisses Quash s   
   15 Dec 16 14:43:03   
   
   From: johnturmel@yahoo.com   
      
   JCT: My niece Marie was in Gatineau Provincial Court yesterday   
   for the hearing of her Quash motion. She had nothing more to   
   add.   
      
   The Crown E. Moreau argued that there might have a been a bad   
   exemption that caused no offence back in 2003 but that was the   
   only BENO period. As if we can't ask for the same again once   
   it was won once.   
      
   She pointed out many courts had failed to see a second BENO   
   and that Superior Court Justice David had summarily dismissed   
   the Quash in the Nicholas Fontana case. Summarily means it was   
   so obvious, he didn't have to bother reading it or explaining   
   why Judges Phillip, Rogin, Doherty Goudge and Simmons (J.P.) and   
   Taliano (Mernagh) who had all said a bad exemption means no   
   offence were wrong. How could he, he hadn't read it? Only the   
   Crown had and she wasn't going to inform him.   
      
   So Judge Beaulieu ruled that if Judge David could dismiss it   
   summarily, he could dismiss it without reading it too.   
      
   After that was over, Andre St. Onge, a lawyer helping her get   
   it the motion heard, said he could probably get Marie an   
   Absolute discharge with small penalty if she pleaded.   
      
   She's just started a new job and really wanted to get it   
   behind her and with a dozen other cases in Quebec to continue   
   the fight, I thought it was a good idea.   
      
   So a deal was arranged, she pleaded guilty and has to donate   
   $250 to the Food Bank to get no criminal record. Neat kind of   
   extortion this giving to charity instead of a fine. Same   
   punishment but it doesn't make the stats.   
      
   But the victims got burned having to pay make the deal.   
      
   You have to wonder if they were this disgusting way back when   
   Shakespeare wrote: Kill all the lawyers.   
      
   Let's face it, every lawyer in Canada is guilty of   
   incompetence. They all learned in law school that Parliament   
   puts up the laws and the courts can strike down the bad ones.   
   But when Alan Young got on TV and told Canadians that the   
   Ontario Court of Appeal had resurrected the dead prohibition,   
   every lawyer in Canada said: Okay. Not supposed to but   
   "The Court of Appeal wouldn't have done it if they couldn't   
   have done it so they can."   
      
   That's how Crown Greg Smith explained no power to do it to   
   Judge Edward before he sent Doug and Laurie Nielsen on to   
   trial on a resurrected charge he had suspected was not valid   
   and when proven right, still did the dirty deed.   
      
   So every lawyer in Canada heard that a court had resurrected   
   a law and not one of them figured out they couldn't. POLCOA:   
   Parliament Only Legislates, Courts Only Abrogate.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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