From: johnturmel@yahoo.com   
      
   JCT: It was a day for the hearing of the Quash motion of the   
   Three Montreal MedPot Musketeers: Max Gauthier, Martin Gendron   
   and Eric Gravel.   
      
   They also found an older well-known lawyer who's going to do a   
   "Jordan" motion to quash arguing the 33 months it's taken to   
   try them is too long. Absolutely none of the delay is due to   
   the MedPot Musketeers. They even made motions to have the   
   Quash done sooner and kept having it put off. But there was no   
   delay on their part at all. So it's a pretty clear case and   
   they're tired of living under the onerous bail conditions.   
      
   But the lawyer agreed that the Quash to kill the law for   
   everyone should be heard before then going for the   
   technicality to kill the charge for the boys.   
      
   Superior Court Justice Andre Vincent spent a lot of time   
   explaining how the Supreme Court Cody decision gave judges   
   latitude to reject defences that have no chance of winning   
   before court in advance. Not Parliament.   
      
   He says he read the constitutional motion but mentioned how   
   Justices Buffoni and Boucher had summarily dismissed them   
   without any analysis. So he would too. Boucher had dismissed   
   Adrian's Charter motion because we cited the MMAR, not MMPR.   
   That will be fixed in his St-Jerome charge if it gets there.   
   Max had the MMPR.   
      
   On Mernagh, the only thing Judge Vincent knew was that it had   
   been overturned so our trying the same thing can't win like   
   Mernagh didn't win. Guess he didn't note we asked why doctors   
   said no which omission resulted in Mernagh being overturned.   
      
   Max pointed out he had now found a doctor to sign his Medical   
   Document but the regime at the time wasn't working. He was a   
   personal victim of the regime that wasn't working then and has   
   just worked now. The judge looked sheepish at the logic and   
   somehow ducked it.   
      
   The judge also added that if there were flaws in the exemption   
   regime, he can only strike the flaws, not the prohibitions.   
   Unlike Justice Taliano in Mernagh who struck the regime and   
   then relied on Parker-Krieger to strike the Possession and   
   Production offences too. But Superior Court Judge Vincent just   
   didn't have the same power to do the same Taliano had done.   
      
   Max pointed out that he had his Quash Motion ready to go since   
   he was busted while the MMPR was unconstitutional. But for   
   some reason, the judge didn't have the Quash Motion Max had   
   filed in the court file, the very first document Max ever   
   filed. It wasn't there! Max said he had the stamp to prove   
   that it had been served and filed but handed up a blank Quash   
   kit. So the judge asked him to fill it out and they'd deal   
   with it. All this time, the Crown had a copy of the original   
   Quash Motion but didn't set the judge straight. So Max filled   
   out a new one and handed it in.   
      
   So the file record should show that a Quash Motion was filed   
   in 2015 and in 2017! So the Registry lost the document?   
      
   The judge then ruled that the Quash was "exactly the same as   
   the constitutional" and dismissed it too. So without even   
   reading it, he concluded that our claiming the law is   
   invalidated by Parker-Krieger/Allard is the same thing as   
   claiming it should be invalidated for our new Mernagh reasons.   
      
   He set a hearing next week to plan for the Jordan motion.   
   Winning that only means one less appeal on the merits for our   
   team but we already have Nicola Fontana and Adrian Stuerm   
   raising Quash and Mernagh-Plus-Why Charter at the Court of   
   Appeal with others on the way and Justin in not much rush to   
   stop the oppression.   
      
   So with those lousy bail conditions, let's end it on a   
   technicality.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)