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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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