From: johnturmel@yahoo.com   
      
   JCT: This was the opening of the assizes in Montreal before   
   Superior Court Justice Marc David to set up the trials. There   
   were 30 lawyers to start who go first.   
      
   Justice David recognized the motion as similar to another he   
   had summarily dismissed in Gatineau without reading it,   
   Fontana's Quash Motion, but said: I know you, march outside   
   society, you're part of the "Freemen-on-the-land" movement.   
   Seems he did quite the diatribe. Max explained that they   
   weren't with that movement at all.   
      
   So he set the week of April 24-28 2017 before a lady judge and   
   they had to come back on March 9 to finalize things.   
      
   A fourth accused who was peripherally involved had a lawyer   
   and wanted to return to trial below but can't when one of the   
   accused is going the high court route. But the judge did want   
   to convince them to go have their trial below. No chance.   
      
   Trying to scare them, he asked the Crown what penalty was   
   being sought for almost 500 plants? She said "House arrest!"   
   The judge said: No no, what is the worst you'll be seeking?   
   And again, she said "House arrest!" Har har har. Real scary.   
   Last year, they offered 2 years less a day, quite the come-   
   down.   
      
   When talking about the new Jordan Rule about having the trial   
   within 30 months, the Crown blamed them and their motion for   
   the delays! Imagine, it's the Crown who stalled the motion at   
   every hearing and now she blames them for the delays.   
      
   He gave them until Mar 9 to get the Notice of Constitutional   
   Question done for the Quash Motion to be heard at the opening   
   of the trial. Har har har.   
      
   The Crown has convinced the Court to hear the Charter Quash   
   motion before empanelling a jury. The Crown seems to think   
   that the offer to accept an Agreed Statement of Facts means   
   they're willing to plead guilty if the Constitutional Motion   
   loses. That's what had surprised Justice Buffoni who'd   
   pressured Nicholas to plead guilty if he admitted the facts   
   several times. He couldn't remember anyone who admitted the   
   facts who had not pleaded guilty. Why did he insist on not   
   just pleading guilty.   
      
   I had told Nicolas to keep why a secret in order to let the   
   judge think he was the final arbiter of the punishment and he   
   might be more lenient. If he knew that it was going to be   
   appealed, he could be as tough as he wants since the Courts of   
   Appeal often reduce the sentence. But finally, Nicholas   
   admitted our move: I don't want to give up option to appeal.   
   Bingo, the judge got it. Nicholas needed his Guilty verdict he   
   could appeal, not a Guilty plea he could not.   
      
   Now I keep joking about the Charter Quash motion which isn't a   
   Charter motion at all. But Max will be filing a Charter motion   
   and will give Notice to the provincial Attorneys-General of   
   that motion.   
   So at the hearing, he'll be able to say he did not give   
   constitutional notice about the Quash Motion but did about the   
   Charter motion.   
      
   But the idea of hearing the Quash, then taking the plea, then   
   hearing the Charter Motion before empanelling a jury makes   
   sense. Don't know if it's legal but saves tons of resources.   
   The judge tried to talkin to Gravel into going below but he   
   said: I'm going with these guys. Trial April 24-28   
      
   On March 9 hearing before Judge Madeleine xxx, Max filed the   
   Charter Motion, the Notice of Constitutional Question for the   
   Charter motion, and his Affidavit of service to the AGs. She   
   gave them until Friday March 17 to get all their will-says in.   
   The Crown suggested that they could be admitted without the   
   patient testimony. Sure, as long as we can point to a couple   
   of dozen doctors who refused because they were told not to by   
   some authority affecting all Quebec doctors.   
      
   If you're in Montreal, and you can testify to a doctor who   
   refused for non-medical reasons, give Max a call at 514-318-   
   8028 about your will-say.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)