From: johnturmel@yahoo.com   
      
   TURMEL: Art Jackes Pop Hearing on "Blue Ink" Motion   
      
   JCT: Yesterday, Art got a call in the morning from the Federal   
   Court Registry informing him that they wanted to organize a   
   telephone conference call between Crown Jon Bricker, Art and   
   Prothonotary ("PN") Martha Milchynski. Prothonotaries can do   
   some judge-like stuff.   
      
   They were trying to find someway to avoid the hearing since   
   Health Canada had offered to expedite his file. What I didn't   
   like was that the PN had said that it wasn't going to get to a   
   judge at General Sittings, she was going to deal with it   
   first. Not sure how she can unbook a booked hearing.   
      
   She asked just what he wanted from a judge. He said an Order   
   to amend his exemption or give him a constitutional one to   
   start right away pursuant to his amended conditions.   
      
   But Art let them breathe easier when he said that he'd   
   Priority Posted his Application to Amend signed in blue ink   
   the day before, Nov 1 and it could be there today Thursday or   
   tomorrow. You could sense the relief when she asked for and he   
   provided the Tracking Number.   
      
   At worst on Friday or Monday at the latest. That gave them 3,   
   2 or 1 days to get it processed before the hearing on Tuesday.   
   Get it done and no reason for Tuesday. He pointed out how they   
   had hopped-to-it and came back from week-end to get it done in   
   5 hours for Ray Turmel on a Friday evening after a 6:30pm   
   hearing where the judge wanted them in court the next day to   
   explain why it hadn't been issued before it expired. They got   
   it out on time. So they can work fast.   
      
   But Bricker complained that there might be some things that   
   take more time, like checking out the new site and new   
   Responsible Person.   
      
   So we suggested that the Motion before General Sittings be put   
   off a week to Nov 14 which should give them enough time to get   
   it to him expeditiously.   
      
   But the PN put Bricker on the spot when she told him to file   
   his Respondent's Response Record by next Thursday for the   
   Motion on the next Tuesday. So he has to do all that useless   
   work if Health Canada can't get Art processed by next   
   Thursday. Useless in that there will be a hearing where the   
   only relief possible is from the judge if HC screws up.   
      
   I think he'll convince Health Canada that this one has to be   
   done before he has to do some fruitless paperwork. So Art   
   should be getting his Amended Permit by Thursday, I'd bet.   
      
   Any faders?   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)