From: johnturmel@yahoo.com   
      
   JCT: Adrian and Caroline Stuerm were in St-Jerome Provincial   
   Court for their Possession charges after Adrian was convicted   
   and Caroline was acquitted of Production by Superior Court   
   jury trial in Montreal. He was sentenced to the mandatory   
   minimum 6 months for 65 plants in his garage. After 20 days, I   
   got him released pending appeal and 2 days later, the Elliott   
   decision struck down mandatory minima in B.C.!!   
      
   So Caroline filed a motion for double jeopardy in St-Jerome   
   asking how she could be convicted of Possession when she was   
   acquitted of Production. Judge Marc Andre Dagenais ruled that   
   it had to be heard by the Trial Judge. Pretty non-bright   
   considering the court will only rule on whether there should   
   be a trial after all the Preliminary Inquiries are done.   
   Especially when our Wikipedia notes that it should be a   
   preliminary matter. Wiki makes sense, Judge Dagenais does not.   
   But we've seen judges duck so many times on this canard   
   excuse, it's almost expected.   
      
   In the meantime Adrian is coming up on Sep 15 in Quebec's   
   highest court with the Crown's motion to quash the appeal as   
   frivolous (they used the wrong motion, har har har har har   
   har) and to get leave to appeal the mandatory minimum sentence   
   now that it has been struck down in B.C., the extraordinary   
   event which should allow a constitutional question to be   
   raised at the appeal level.   
      
   If they quash the conviction appeal and refuse leave to appeal   
   against sentence, then he has to finish his sentence. If they   
   quash conviction appeal but grant leave to appeal sentence,   
   maybe no more jail, 20 days should be enough with no mandatory   
   minimum forcing their hand.   
      
   But if they quash his conviction appeal, he can now argue   
   Double Jeopardy on Possession in St-Jerome like Caroline. So   
   either way, the Possession charge is wasting everyone's time   
   including the Crown.   
      
   But everything got put off to Nov 23.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)