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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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