From: johnturmel@yahoo.com   
      
   JCT: A conspiracy of a couple of dozen growers who had   
   underground bunkers and over a million dollars seized were all   
   charged with production and other things.   
      
   I sent a copy of the Quash motion to all of them including   
   their lawyer Michel Swanston. We have history, he was the   
   Crown who ran my 1991 Casino Turmel gaming house trial at the   
   time. Now he's defence.   
      
   So he's been busy bleeding them for fees while negotiating   
   with the Crown about their mandatory minimum sentences.   
   Couldn't find one to fight back until now.   
      
   Tim McConnell got tired paying for nothing to happen and   
   decided to go on offence. This morning, he laid off Mr.   
   Swanston until he may be needed for defence (if), and then   
   asked to file his Quash Motion.   
      
   The elderly judge warned that self-defenders usually have a   
   hard time and asked to see the motion. (with case law, it's   
   about an inch thick). After perusing it for 3-4 minutes, he   
   finally said it looked okay to him but advised Tim to serve   
   and file it after the hearing. (That way, he's not seized of   
   it! Sharp move.)   
      
   So the judge set a date of July 18 to see what to do and may   
   to have a Preliminary Inquiry. Tough to do when Tim won't be   
   preparing for anything until he's sure the law is even alive.   
      
   This really throws a monkey wrench into the Crown's works.   
   Remember, when the Three Montreal Musketeers chose trial by   
   judge and jury, then the fourth guy had to go there too. So   
   when Tim will choose trial by judge and jury, the other two   
   dozen will have to go there too! Har har har har har har. The   
   Crown thought they were going to end the era with a big bust   
   on their trophy wall and now it's turned into a real war.   
      
   Here is what I added to his Quash Motion to take into account   
   the recent Stuerm ruling:   
      
   R V. STUERM   
      
   21. On May 10 2017, Adrian Stuerm's S.601 motion to Quash his   
   charge on the grounds the prohibitions were invalid while the   
   MMPR was unconstitutional was summarily dismissed without   
   reading by Quebec Superior Court Justice Boucher and the   
   Accused was then convicted of Production of Cannabis for the   
   Purpose of Trafficking.  On May 18 he was sentenced to the   
   mandatory minimum 6-months in jail. He filed a Notice of   
   Appeal based on the dismissal of the motion to Quash and his   
   motion for release release pending appeal was granted on on   
   June 7 2017 with no bail by Quebec Court of Appeal Justice   
   Schrager.   
      
   22. On June 21 2017, Quebec Court of Appeal Justice Bich cited   
   Justice Schrager's ruling on the Stuerm Release pending appeal   
   that: "the appeal [on the verdict] is not frivolous."   
      
   23. Given the possibility the prohibitions are invalid absent   
   a viable MMPR medical exemption pursuant to Parker [2000] and   
   Krieger [2003] is not frivolous for Stuerm, Applicant herein   
   was also charged in the period the MMPR were declared   
   unconstitutional in Allard.   
      
   In the Notice of Motion arguing judge of first instance has   
   jurisdiction:   
      
   6. In R. v. Nicola Fontana [2017] Justice David summarily   
   dismissed the pre-plea "not-frivolous" Quash Motion as judge   
   of first instance and later Justice Buffoni was Trial Judge.   
      
   7. In R. v. Maxime Gauthier [2017], his "not-frivolous" Quash   
   has been dismissed summarily with his trial still coming up.   
      
   8. A S.601 motion to quash may be based on past constitutional   
   rulings but not raise any new Charter challenge against the   
   CDSA prohibitions but only raise older winning constitutional   
   challenges.   
      
   FOR THESE REASONS, MAY IT PLEASE THE COURT   
   GRANT the present Application.   
   Dated at Gatineau on July 12 2017.   
   Tim McConnell   
      
   JCT: I'd love to be a fly on the Crown's wall today.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)