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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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