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

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   Message 10,201 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: 3 Montreal MedPot Musketeers sen   
   16 Jan 17 10:03:24   
   
   From: johnturmel@yahoo.com   
      
   JCT: Max Gauthier, Martin Gendron, and Eric Gravel were busted   
   for growing a year and a half ago and had their Quash Motion   
   stalled for a year until Jan 12 2017 in Montreal.   
      
   They were slated for a 2-day Preliminary Inquiry before Judge   
   Marchi. The first thing he said was that the Quash Motion had   
   to be heard by the Trial Judge. Bad start. The Crown added   
   that he still had to serve a Notice of Constitutional Question   
   on the Federal Attorney General. (to amend a typo? Har har   
   har.) Judge Marchi said was only there for the Preliminary-   
   Inquiry.   
      
   I had told Max that they should offer an Agreed Statement of   
   Facts so no witnesses would be needed. If the law's alive,   
   they're guilty. But there was a fourth kid busted with them   
   who still had a lawyer.   
      
   He had been told about the offer of the Agreed Statement and   
   had tried to talk the Crown into letting the subordinates go   
   if Max took the fall and made it easy for them. No, they were   
   going after the whole gang, after all, it was a big grow.   
      
   In court, the judge was pleased about the Agreed Statement as   
   was the Crown. The boys say it's the first time she was ever   
   polite to them. He adjourned it so they could go finish the   
   deal.   
      
   Though Max had proffered the Agreed Statement, the lawyer   
   wanted to pose a few questions trying to get a couple of them   
   off on a technicality. Seems there was a tenuous connection   
   between two of them and the rooms with the pot in a large   
   warehouse.   
      
   When we came back, the judge took a minute to tell us that he   
   had read the motion over the break and had found it very   
   interesting. He said that when he'd been a defence lawyer,   
   he'd had a few battles over pot, winning some and losing some.   
   But this was very interesting and Max sure make sure to do the   
   service on the Feds right to get it heard. That was a stunner.   
   I thought it might unnerve the Crown but she was too happy   
   about getting out a day and a half early.   
      
   So they had a quick hearing. The lawyer quizzed two officers   
   for 10 minutes and got the doubt he needed established! Two of   
   them just might get off because of no actual connection to the   
   scene of the crime.   
      
   But Judge Marchi now had to send them for trial by judge and   
   jury at the Superior Court assizes on March 1, Room 411   
   9:30am for the organizational meeting when Max serves the new   
   Constitutional Motion (taking into account the ACMPR) and list   
   of 21+ witnesses we have from the region for the Mernagh Plus   
   Why (the doctor refused) challenge.   
      
   And the same challenge actually starts on Mar 6 in Gatineau   
   with Nicholas Fontana's trial and witnesses of whom the Crown   
   and Court have been apprised. One week for that.   
      
   But you can bet the judge's finding the Quash motion very   
   interesting cheered us all up mightily.   
      
   Two constitutionals going over all the flaws in the regimes   
   that Justice Phelan had said had all been handled by Allard.   
   Har har har. Right? Our constitutional includes the 20 issues   
   that Phelan said had been mooted by Allard's 4 issues! Har har   
   har. Helps make Phelan look bad.   
      
   After establishing a flaw, say everyone with permanent   
   illnesses complaining about having to see a doctor every year.   
   Once it's accepted as unreasonable, we can examine the Allard   
   decision to see if it really did solve the problem! Har har   
   har. Bring in the Allard decision to show with its failure   
   what still needs to be done.   
      
   Hot times just before Parliament takes its next shot at making   
   it legal while keeping it unavailable. Timing is   
   serendipitous. Two big challenges before Justin can act.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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