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

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   Message 10,229 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Guy Potier Quash Motion put off    
   24 May 17 15:52:47   
   
   From: johnturmel@yahoo.com   
      
   JCT: Ray was in Salaberry-de-Valleyfield near Montreal with   
   Guy Potier who was charged with growing 8 plants and 12   
   clones! Gets him a jury trial!   
      
   At his last hearing, his Quash Motion was set off for hearing   
   Tuesday May 23 2017. He gets a jury trial.   
      
   The lady Crown was one of Nicola Fontana's Crowns and   
   mentioned that she doubted there would be much of a fight   
   about the facts! Good point.   
      
   Judge Marie Chantal Doucet was taken aback by the motion. Guy   
   read her S.601 and asked if she was his judge of first   
   instance. She said she was. But the Crown said that it was a   
   constitutional issue that had to be dealt with by the trial   
   judge. She admitted she hadn't read the motion but had had   
   discussions with another Crown who had told her it was. So two   
   Crown Attorneys mislead the court.   
      
   Court was adjourned to attempt a plea bargain while the judge   
   read the motion. She's now reading about all those other times   
   judges of first instance dealt with Quash motions while others   
   then dealt with the trial.   
      
   During the break, the Crown offered Guy a Conditional   
   Discharge with 180 hours of Community Service. That's a month   
   of forced labor, David Butler got the same Conditional   
   Discharge in Nova Scotia yesterday without any forced labor.   
   Guy knew the offer would be there and could only get better so   
   he refused, he wants a withdrawal like James Turner got for   
   his 2,800 plants 60 miles away.   
      
   Back in court, the Crown complained to the judge how he'd   
   turned down an offer for a discharge. Shocked! With no   
   resolution, the case had to go on but rather than deal with   
   the S.601 "amend-typo" Quash motion, the judge ruled that it   
   is a constitutional issue for the Trial Judge and sent Guy for   
   Preliminary Inquiry on Jun 21.   
      
   She has no excuse for not seeing the other courts of first   
   instance who did their duty. She did not.   
      
   The Crown mentioned they were now going to add two more   
   charges, he had a bit of oil and resin. Great. Needs its own   
   trial in Cour du Quebec because Superior Court dealing with   
   his cultivation jury trial can't do oil and resin. Double   
   their trouble, double our fun, over 8 oily plants.   
      
   So Judge Marie Chantal Doucet ducked her duty and sent him to   
   Preliminary Inquiry when he still hasn't been asked for a plea   
   or election. He'd remember standing mute twice. But they're   
   spending resources on him anyway. Imagine some guy who sits   
   through it all and then says he wanted to plead guilty from   
   the start but no one asked him.   
      
   This shows that judges ducking their jurisdiction is more than   
   mere incompetence. She knew it wasn't constitutional and still   
   ruled that it was. Pretty great Quash motion, wouldn't you   
   say? Some call it duck, some call it bow down.   
      
   And what brass Guy Potier has shown turning down "no criminal   
   record" to go for the gold.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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