From: johnturmel@yahoo.com   
      
   JCT: May as well post the Judgment of Quebec Court of Appeal   
   Justice Schrager releasing Adrian Stuerm after 20 days in   
   Bordeaux Prison in Montreal due to bureaucratic impediments.   
   In Ontario, they have Inmate Appeal forms and he'd have been   
   out in 4 days like I was.   
      
                             JUDGMENT   
      
   [1] Appellant seeks his release pending appeal. He was found   
   guilty by a jury on May 10 2017 of production of cannabis and   
   was sentenced to the mandatory minimum of 6 months on May 18   
   2017.   
      
   [2] He filed a notice of appeal pursuant to S.813 CCC which   
   applies to summary convictions.   
      
   JCT: Oops, used the wrong section.   
      
   I permitted a verbal amendment at the hearing so that Article   
   675(1)(a) is referred to.   
      
   JCT: Thank you for fixing anything that's wrong without being   
   asked. Some judges would throw it out. Wrong section.   
      
   As well, the notice of appeal was amended by adding the   
   following underlined words to the first paragraph so that it   
   reads   
      
        [1] The learned judge failed to Quash the Charge as a   
        nullity GIVEN THE UNCONSTITUTIONALITY OF THE LAW UPON   
   WHICH THE CONVICTION IS BASED.   
      
   JCT: And I'd have added: THAT WAS DECLARED IN THE PARKER AND   
   KRIEGER DECISIONS. Just to keep in mind that he's claiming   
   Quash because of past constitutional wins. Not his own.   
   Regardless, the appeal is on the Quash, not on the Charter   
   motion against the MMAR.   
      
   [3] His motion for release is not supported by an affidavit   
   but it is drafted in the first person and signed by the   
   Appellant.   
      
   JCT: So I'd say that grants the motion to dispense with the   
   affidavit.   
      
   [4] Appellant has had a history of steady employment. He has a   
   family, is not a passport-holder, and has no other conviction.   
      
   [5] Considering Article 675, I am satisfied for present   
   purposes that the appeal is not frivolous.1   
   1- I do note that the Respondent has indicated its intent to   
   seek a summary dismissal.   
      
   JCT: Of this not frivolous appeal!!!! Thanks Judge Schrager.   
   Let's face it, he was busted while the MMPR ruled and it was   
   declared unconstitutional. Pretty interesting question.   
      
   [6] Respondent does not contest his release.   
      
   JCT: Maxime Lacourciere is pretty sharp. He also realizes that   
   if Adrian stays in, he'll have to be transported from Bordeaux   
   to St-Jerome for his upcoming June 20 opening of his S.5(2)   
   Possession for the Purpose of Trafficking Charge.   
      
   I'll be raising objection under Autrefois Convict and the   
   "multifariousness" of the charges. Basically being punished   
   twice by multifarious charges.   
      
   FOR THESE REASONS, THE UNDERSIGNED:   
      
   [7] GRANTS the motion for release pending appeal;   
      
   [8] ORDERS the release of the Appellant subject to the   
   following conditions:   
   1. Keep the peace and observe a good behaviour;   
   2. Reside at his address in Brownsburg-Chatham;   
   3. Abstain from changing names or address without the written   
   consent of the Court;   
   4. Inform DPCP of any change of occupation or address;   
   5. Abstain from   
   a. Possessing or using drugs, including marijuana;   
   b. Being in a place where drugs are sold or produced or are   
   being used, including marijuana,   
   c. Possessing firearms, explosives, ammunition.   
      
   6. Be present in Court whenever it is required.   
      
   [9] ORDERS that the present undertaking be subscribed before a   
   justice of the peace assigned for such purpose prior to the   
   Appellant being released from custody.   
      
   MARK SCHRAGER, J.C.A.   
      
   JCT: What's nicest of all, like Crown Nick Devlin in Sean   
   Maloney's Release Pending Appeal in Toronto a few years ago,   
   Crown Maxime Lacourciere didn't push for any bail! And Judge   
   Schrager didn't remind him. Remember, Sean's Justice of the   
   Peace was flabberghasted at a release pending appeal without   
   bail, said it was the first time in his 35-year career.   
      
   So next week, Adrian's going to file an application for leave   
   to appeal the mandatory minimum as a violation of the right   
   not to be subjected to cruel and unusual punishment. When big   
   grows are legal, it seems an odd era to be jailing people over   
   small grows. So He has until June 17 to file that.   
      
   And a new Quash, Charter motion for St-Jerome. And how nice to   
   hint to the Crown that the motion they're trying to dismiss   
   summarily is not frivolous! Ouch.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)