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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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