From: johnturmel@yahoo.com   
      
   JCT: Rene was in Quebec City Provincial Court for the   
   continuation of his trial.   
      
   He's been fighting to be sent for jury trial in Superior   
   Court having been erroneously re-opted below to have his Quash   
   Motion heard which resulted in his jury trial being replaced   
   by a regular 1-judge trial below.   
      
   He had filed a motion for Certiorari to take the file from   
   lower court to higher court which was dismissed. Then he filed   
   an appeal which was dismissed because he should have first   
   asked to annul his re-option.   
      
   During the hearing, Judge Johanne Roy said that she'd gotten a   
   copy of the Court of Appeal decision and when she read them   
   saying he should have asked to annul, she said she expected   
   he'd be filing the motion to annul. And then he did.   
      
   So she also understands that dismissing it takes the whole   
   Certiorari route once again and she even commented that   
   sending him above saved everyone all that effort. Looks good.   
      
   But she talked Rene into taking a month to go talk to a real   
   lawyer. Sure, no problem, as long as he explains to the lawyer   
   that he's guilty with an Agreed Statement of Facts, so what   
   could a Defence lawyer do for him. When the answer is nothing,   
   then it makes sense to go with the Offence Engineer. If the   
   law ain't dead, he's guilty.   
      
   I had prepared him a Motion for Certiorari if she refused.   
   Didn't need it.   
      
   But I also prepared a Notice of Appeal of Conviction and   
   Motion for Release Pending Appeal in case she pushed through   
   with the trial. After all, she didn't need the Crown's   
   evidence, she had his Agreed Statement of Facts!   
      
   The Crown for the constitutional motion, Mr. Pare, was there   
   and wanted to make the case to have the Charter Motion thrown   
   out like Adrian Stuerm's was thrown out. Ah, but Adrian had   
   filed a challenge to the MMAR and Rene has filed the updated   
   challenge to all 3 regimes. But she could dismiss it for   
   whatever reason and then demand his defence. None. Guilty and   
   gone.   
      
   So I made sure he had the Notice of Appeal and Motion for   
   Release Pending Appeal ready to serve on the Crown so Ray   
   could go file it right away and Rene could be out 3 days   
   later. Unlike poor Adrian who had to use Canada Post when the   
   Court of Appeal didn't accept Inmate Appeals by fax!   
      
   But the judge is starting to sound like it'll be too much   
   bother to try him below, plus she'll have to deal with the   
   Charter Motion, he the judge appealed from, and she can duck   
   confrontation with me by sending him where he wants to go.   
      
   Besides, the trial isn't even started yet. She was acting as   
   any judge of first instance when she dismissed the Quash   
   Motion. She still hasn't taken his plea so she does not yet   
   have Trial Judge jurisdiction until he pleads. So since it's   
   not interrupting any trial, just kick the hot potato upstairs.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)