From: johnturmel@yahoo.com   
      
   https://groups.google.com/forum/#!topic/alt.fan.john-turmel/MK2VMFCgLfU   
   is my last post relating how Adrian Stuerm was convicted of   
   having producing 65 marijuana plants in his garage and   
   sentenced to the mandatory 6-month jail sentence. His wife   
   Caroline was acquitted since there was no evidence she did   
   anything but we all know how the cops love to bust family   
   members to help coerce pleas.   
      
   But, on the very same facts, they were also charged with   
   having possessed what they had produced. Since the jury found   
   no evidence to convict her of production, she moved to quash   
   the charge for "double jeopardy."   
      
   Yesterday, in St-Jerome Quebec, Judge Marc Andre Dagenais   
   agreed with the lady Crown Attorney that dismissing the charge   
   for "autrefois acquit" (in Canada; double jeopardy elsewhere)   
   had to be done only by the Trial Judge.   
      
   To give the Crown a chance to have an expensive Preliminary   
   Inquiry of all the witnesses presenting evidence before   
   finding out if there is even going to be a trial. Har har har   
   har har har. The trial may only be aborted for double jeopardy   
   after all the judges, bailiffs, clerks and cops handling the   
   preliminaries have been paid!   
      
   Justice in Wonderland. We've seen it repeatedly. So the next   
   hearing in order to organize the Preliminary Inquiry to   
   present the evidence for the possession charge that may not   
   be even needed is on Aug 29.   
      
   So the real question is whether the "autrefois acquit" really   
   can't be dealt with by a judge of first instance. I'm not   
   taking the word of a judge avoiding a hot potato who thought   
   about it for 2 minutes. Judges will throw out anything that   
   sounds good even when they have no clue.   
      
   Another clueless judge who told is going to take a beating in   
   Tim McConnell his Quash Motion needed a  Notice of   
   Constitutional Question sent to Provincial Attorney Generals   
   to be heard, he's going back with the transcript from Marie-   
   Eve's case where the Crown told the later Court that after Ray   
   paid for service to them of a Notice of NO Constitutional   
   Question, the Federal Crown had written to tell them that they   
   saw nothing constitutional in a S.601 motion and weren't   
   coming. Har har har.   
      
   And now another judge expects Tim to serve his Notice of NO   
   constitutional question. Instead he's going back with the   
   transcript saying that if the Feds don't want it, maybe he   
   doesn't have to do it and his last judge was wrong like Marie-   
   Eve's had been and he didn't want to waste his money too.   
      
   Wonder what the next judge is going to say? Sustain the   
   earlier judge who insisted he serve a Notice the Crown itself   
   says isn't necessary or admit he was wrong!   
      
   As for Caroline, who knows, maybe Certiorari can take   
   jurisdiction away from this court that thinks they can't deal   
   with it before everyone gets paid and bring it to a higher   
   court, like Rene Ouellet did in Quebec City and may even do   
   again if Judge Roy doesn't send him to jury trial above in   
   September 15.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)