From: johnturmel@yahoo.com   
      
   JCT: I attended Shawn Tedder's Quash motion hearing in Toronto   
   yesterday, Judge Ritchie presiding. It is slated for 2 days.   
      
   Of course, there was the problem of "pre-plea" or "after   
   plea." So the judge put off the plea to deal with the Election   
   first and was told that Shawn intended to stand mute under   
   S.606 of the Criminal Code when asked to plead so the judge   
   would instruct the clerk to enter "not guilty." And then he   
   would stand mute when asked to elect 1) Provincial Court   
   Judge, 2) Superior Court Judge, 3) Superior Court with Jury so   
   the judge would have to enter "Judge and Jury."   
      
   During those morning discussions, the judge realized that he   
   was going to have to deal with the Quash motion first. So over   
   the lunch period, he said he had read the motion and the   
   Crown's Factum in response.   
      
   So the judge heard the Quash Motion before any plea. If Shawn   
   had pleaded first, then he wouldn't be able to raise the Quash   
   Motion any more without the leave of the judge because he   
   didn't do it pre-trial as he was supposed to.   
      
   So Shawn just told him that he had 6 judges who had followed   
   the Parker decision that the Prohibition Invalid Absent valid   
   Exemption: in J.P., 1) Provincial Judge Phillip, 2) Superior   
   Justice Rogin, SCO, and Court of Appeal Justices 3) Doherty,   
   4) Goudge and 5) Simmons all ruled Prohibition Invalid Absent   
   Exemption. And Superior Justice 6) Taliano in Mernagh struck   
   down the S.4 Possession and S.7 Production offences after   
   striking down the MMAR for insufficient doctors.   
      
   The Crown had cited a couple of dozen judges who had failed to   
   follow Parker. After striking down the flaws in the MMAR/MMPR,   
   Hitzig, Sfetkopoulos, Beren, Smith and Allard did not follow   
   Parker to declare the prohibitions invalid while the exemption   
   wasn't working. Parker only works once!!!   
      
   Shawn's punch line: I hope you'll be the seventh judge to   
   follow Parker.   
      
   The judge was extremely pleasant, everyone was. He reserved   
   his decision and said the court would reconvene not at 10am as   
   planned but at 11am. He knows that either way, it'll be quick   
   tomorrow. Shawn gets off or he gets sent to Superior Court.   
      
   So we can say a prayer that Judge Ritchie chooses to be the   
   seventh judge to follow Parker. Terry was in the courtroom so   
   when his case was raised, Shawn got to point him out. And when   
   my case got raised (the S.5(2) "intent to possess" never   
   struck down even if Parker struck S.4 possession and Krieger   
   struck S.7 cultivation at the time. I got convicted of   
   intending to possess something not illegal!!!   
      
   So decision tomorrow. Stay tuned.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)