From: johnturmel@yahoo.com   
      
   JCT: Madame Justice Lepage, a new judge presiding in Cour du   
   Quebec.   
      
   Guy Potier was busted with 8 plants so he's facing a 6-month   
   mandatory minimum. So he filed his Quash, it was put off to be   
   heard today before the preliminary inquiry but the judge said   
   the indictment does not exist until after the Preliminary   
   Inquiry and the Quash would have to wait for the indictment.   
      
   This seems silly. Imagine that all the evidence says the grow   
   was at 100 Main St. Sometown but the indictment says 102 Main.   
   How can they present evidence about 100 Main without fixing   
   the typo about 102 Main first? The S.601 amendment has to be   
   heard before the Preliminary Inquiry or no evidence would be   
   admissible.   
      
   When Guy insisted on going forward, the Crown announced they   
   were laying 2 more charges with mandatory minima. Not only did   
   he grow 8 plants but he had a little resin, trichomes, and oil   
   which also have mandatory minima of 1-year.   
      
   The Crown says they requested the Preliminary Inquiry to give   
   them time to get the drug analysis certificates for those   
   other charges. But they'd already served him with the drug   
   analysis as part of disclosure last october. So they had the   
   certificates during his last hearings and didn't bring them   
   up. Only now do they bring them up to extra punish him for his   
   intransigence. And to avoid looking like it's retaliation,   
   they said the late charges were because they were waiting for   
   the certificates (they already had since last October.   
      
   Ray says Judge Lepage looked aghast at them adding two more 1-   
   year mandatory minimi to his already unconscionable 6-month   
   minimum for 8 plants. Think about that, 8 plants and they're   
   going for two 1-year and a 6-month mandatory minimum. Quite   
   the overkill for a case that fits right in with Elliott   
   decrying what would happen to small growers nearer the 5-plant   
   limit.   
      
   And they had the certificates all along and know what they're   
   doing is so vile, they have to lie to cover the reason for the   
   late charges.   
      
   When he offered to agree to the facts, the Crown didn't want   
   it because it wouldn't contain any admissions about the other   
   charges. So he accepted to own up to possessing the resin and   
   oil. So the Crown had to buckle and accept his confession.   
      
   But the judge didn't waste time looking at any evidence of his   
   crimes, she just asked if he agreed that there was sufficient   
   evidence to bind him for trial. Yes. Fine.   
      
   Then the judge erred by moving on to the election. She was   
   supposed to deal with the motion to amend the indictment   
   before sending it up unfixed. So like Rene Ouellet, the higher   
   judge can send it back down to be fixed.   
      
   She went straight to Election. He kind of mumbled "Trial by   
   Judge and Jury" and Ray coughed loud enough that the judge   
   suggested that Guy consult with Ray about that. She must have   
   thought Ray was going to advise against a jury and so she must   
   have been surprised when he returned and said: I stand mute.   
      
   Okay, she said, trial by judge and jury and sent it on to the   
   assises on Sep 18 in Salaberry-de-Valleyfield, probably by   
   Justice David again.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)