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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,241 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Judge Roy looking to annul Rene     |
|    08 Jul 17 13:41:07    |
      From: johnturmel@yahoo.com              JCT: Friday June 7 2017, Rene was back before Provincial Cour       du Quebec Judge Johanne Roy trying to get the re-option he       made to get his Quash motion heard annulled so he can return       to Superior Court for a jury trial.              She said she had gone over all the previous hearings, told       Rene what other transcripts he would need to complete his       case, then noted how Rene had at no time ever indicated a       willingness to be tried below. Plus, he had refused to plead       when asked (until his Quash motion was ruled on) which meant       she may not yet even have jurisdiction over him.              She did pay us a compliment saying that though Rene was being       helped by non-lawyers, it was well-done.              Remember, this all started with her as the original judge       being misled by Crown Belanger into thinking this was a       constitutional issue. If you were a judge and the Crown told       you that the self-defending non-lawyer had made a mistake,       would you have doubted it? Her only error was trusting her       officer of the court and sending it forward. Now as she gets       to read the file explaining how Justice Rogin explained why it       was not constitutional, and that the Crown had read about       Rogin but hadn't informed her it wasn't constitutional but       actually misled her into believing it was. Unless he hadn't       read the motion either! Har har har. But she'll have good       reason to be angry with him.              She also raised an eyebrow over another time another judge       made the same error of refusing to deal with the Quash when he       should have because the Crown had given him the same line.       Maybe he still hadn't read the motion about Rogin yet?              She adjourned the motion to Sep 15 and told the Crown to be       ready to present the "vigorous" argument it's going to take to       stop her from sending him where he always wanted to be.              She told the Federal Crown Pare who was there to contest       Rene's Charter motion as for Fontana, Stuerm and Gauthier had       the trial started not to bother coming next time.              I get the feeling the judge's good mood was more than just       liking Rene by now (he's funny, respectful and gives good       suit) but also relief to have a just and easy out of a thorny       situation.              So the Crown must vigorously rise to the occasion but we know       they've got no Viagra.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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