From: johnturmel@yahoo.com   
      
   Max, Martin and Eric face 2 different tests on Tuesday June   
   20 in Montreal Superior Court at 1 Notre Dame #6.02 9am.   
      
   They're slated to handle both the Quash and the Charter   
   Motions. The Quash Motion has to go first before he pleads.   
   The Charter Motion has to go after he pleads. Can he plead   
   before there is a jury?   
      
   I don't know if he can be made to plead before a jury has been   
   called. In the case of Nicola Fontana, his Quash was dismissed   
   by Justice David and later, a jury was empaneled before his   
   Charter was dealt with.   
      
   So maybe, only the Quash Motion can be dealt with before a   
   jury is called. I don't know.   
      
   The Crown has asked to have an earlier hearing to dismiss the   
   Charter motion before June 20 but there's no jury being called   
   on June 20 anyway, so why do they want to nix the   
   Charter before the date set for them to try to nix it. Why   
   push for earlier? Notice the Court hasn't granted them an   
   advanced hearing, yet, and we're only 9 days away from the   
   date set for the actual hearing of the motions. Duh?   
      
   So Max's arguments are easy:   
      
   QUASH   
      
   Ontario Court of Appeal Parker[2000]:   
   S.4(1) Possession Prohibition Invalid Absent Exemption   
      
   Alberta Court of Appeal Krieger[2003]:   
   S.7(1) Production Prohibition Invalid Absent Exemption   
      
   Ontario Court of Appeal Hitzig[2003]:   
   MMAR Exemption Absent from Aug 1 2001, fixed Oct 7 2003.   
      
   Ontario Court of Appeal J.P.[2003]:   
   Prohibition Invalid Absent Exemption: Charge quashed.   
   Between Aug 1 2001 and Oct 7 2003, the absence of viable   
   exemption in the MMAR rendered the prohibitions on S.4(1)   
   Possession and S.7(1) Production of Cannabis of no force and   
   effect and 4,000 more charges dropped while the exemption was   
   absent in Dec 2003. "Prohibition Invalid Absent Exemption."   
      
   On Feb 24 2016, Federal Court ruled in Allard that the MMPR   
   Exemption that came into force on April 1 2014 was   
   unconstitutional, such declaration taking effect Aug 24 2016   
   when the MMPR was replaced by the ACMPR.   
      
   We were charged on Oct 23 2014 while the Allard decision said   
   the MMPR exemption was unconstitutional. As when the Hitzig   
   decision ruled the exemption absent, the prohibitions were   
   invalid when we were charged as it was invalid when J.P. was   
   charged.   
      
   If that is dismissed, for whatever reason, probably "Others   
   have dismissed and I'm just following the herd" despite the   
   fact that 9 judges have followed Parker, then we have to use   
   the charter challenge to kill the exemption anew.   
      
      
   CHARTER   
      
   When the Crown tries to throw out his "Mernagh Plus Why"   
   Charter Motion which happens to also include allegations of   
   violations in more than a dozen more sections of the three   
   exemption regimes, each being based on the previous, the only   
   thing he needs to get them all in is to first get his Mernagh   
   Plus in.   
      
   That's the great injustice that has to come out of any reports   
   on the case. That Mernagh originally won proving just that the   
   doctors weren't participating, to then be overturned because   
   it wasn't established whether the doctors had no medical   
   reasons,  Max's patients do, and then have the Ontario Crown   
   stay the charges so it can't be won again.   
      
   It is reasonable to argue that our analogous motion which was   
   completely permissible in Ontario be heard with the extra   
   evidence that had been adjudged lacking to sustain Mernagh's   
   win that striking down the S.4 and S.7 prohibitions on   
   possession and production whilc the exemption was defective.   
      
   So that's it. How come Ontario could put on patient evidence   
   of an illusory exemption if doctors won't sign and not Quebec   
   with the why of Why they won't sign.   
      
   That's it. That's their whole hand. Two cards.   
   Quash because of Parker-Allard;   
   Charter allowed because of Mernagh Plus Why.   
      
   June 20 should be a great show starting with the Quash and   
   maybe the Charter unless it has to be put off to await the   
   jury selection first.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)