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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 10,268 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: New Rene Ouellet Crown consents    
   16 Sep 17 07:08:38   
   
   From: johnturmel@yahoo.com   
      
   TURMEL: New Rene Ouellet Crown consents to Jury Trial or deal   
      
   JCT: Rene Ouellet and Ray went to a hearing in Quebec City.   
   Rene was busted for growing and was in court to be sentenced   
   to 8 months when Ray intercepted him and got him to fire the   
   lawyer and keep fighting. Since then, it's been quite the   
   story.   
   Crown Belanger had handled:   
   - Provincial Court sends him to Superior for jury trial.   
   = Superior Court talks him into re-opting to go below.   
   = Back down in Provincial Court, he finds out he can't get   
   back up for jury trial.   
   - Back to Superior Court asking for Certiorari for jury trial.   
   - Up to Court of Appeal asking for jury trial.   
   - Back down to Provincial Court to ask to annul re-option to   
   get back into Superior for trial.   
      
   New lady Crown consents to annul and go to jury trial but   
   wants time to look over the file and make an offer. Guess it   
   would have been too embarrassing for Belanger, having opposed   
   it for a year and a half, to have had to come in and admit   
   defeat. So they sent in a sub to take the fall.   
      
   The only deal has to be no criminal record. I'm not worried   
   about him not challenging the law with the Quash and   
   Constitutional Motions when we have those issues under appeal   
   in the highest court in Quebec already with Fontana and Stuerm   
   that I don't need his challenge.   
      
   Three ways the Crown can end it:   
   #1) just withdraw the charge like Ottawa Crown did for James   
   Turner's 2,800 plants after 9.5 years;   
   #2) have the trial and present no evidence as St-Jerome Crown   
   did for Ray Turmel's over-growing his limit;   
   #3) offer a discharge for a guilty plea,or   
   #4) offer a discharge for an uncontested conviction.   
      
   I'm sure the Crown would offer option 3 first but who knows.   
   After all, Rene did make admissions that he had grown it. As   
   long as he ends up with no criminal record for drugs that will   
   cause him so so many problems, and preserves his right to   
   appeal, it's fine by me.   
      
   Think of it this way. He can remain intransigent and go to   
   jury trial, get convicted and sentenced and then appeal. Like   
   Nicola and Adrian did. But he doesn't have to go through a   
   jury trial if he lets Provincial Court Judge Roy convict him   
   upon his admissions. As long as after she finds him guilty,   
   she doesn't saddle him with a criminal record, great and he   
   can still get to appeal anyway, but without the jury trial.   
      
   That's what he can offer. He gets to the same place without a   
   jury trial, except without needing to appeal the sentence.   
   Seems the ideal exit for the Crown. Found guilty, sentence   
   discharged, and he gets to appeal the law for minimum court   
   resources.   
      
   Judge Roy had called Rene up right away, introduced him to his   
   new lady Crown, and informed him she wanted to more time to   
   study the file and make an offer to see her offer before he   
   makes his.   
      
   Those following the story can imagine how pleased Madame   
   Justice Roy must feel to think the comedy of errors might be   
   over before getting appealed again to the higher courts.   
      
   Back in 2 weeks on the 29th.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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