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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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