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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,305 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Supreme Court nixes "elections a    |
|    02 Dec 17 08:29:38    |
      From: johnturmel@yahoo.com              JCT: My original 1979 elections accountant retired so I used       the accountant form that does my provincial returns which are       paid for by the provincial government. But the Feds have a       $250 cap for the past 40 years and I got stuck with the       remaining $400.              I filed an action in Federal Court against the Election       Officer's cap on auditor expenses after my old accountant of       35 years retired and I used the firm for my provincial       returns. Except they charged more than the $250 the Feds cover       for me to file a null return. So I'd have to raise funds not       for the election but to pay for the auditor.              More than $300k/year Justice Phelan told less than $20k/year       me to save from my pension to pay the auditor if I wanted to       participate in the election process. I appealed.              I asked the Court of Appeal to dispense with the transcript       since everything relevant was contained in his decision. But       the Court insisted so I paid for that.              Then, with consent of the Crown, I submitted an electronic PDF       copy of the Appeal Book which is allowed. But there's a       section which says that a judge may insist on paper copies. So       my thumb-drive was sent to a judge for approval but he       insisted I pay to file paper. Make me pay for something       unnecessary a second time. Not.              Figuring these 300-grant-a-year judges were showing their       colors, I decided not to run around looking for cash but to       see what they would do. They dismissed it as abandoned. Now       that it's dismissed for not coming up with the money, I got to       bring my beef to the top, though they've never seen national       importance in my cases before. But it's on record at the top       what these judges did to me. Har har har.              My Application was posted at:       https://groups.google.com/forum/#!topic/alt.fan.john-turmel/aDKzOuw0W_8       TURMEL: Appealing Court financial hurdles to SCC              I got the Crown's response and parsed it but failed to post       it at the time. So here it is:              TURMEL: Crown Response to financial hoops appeal against elections auditor              fee cap              JCT: The Crown's Response to my Application for Leave to       Appeal the dismissal of my Elections Auditor Fee cap appeal       for financial reasons:              CR: Department of Justice              July 18 2017              Jill Hache, Registrar       Supreme Court of Canada              Dear Ms. Hache:              Re: John C. Turmel v. HMTQ       Court File No: 37647              I am counsel at the Department of Justice Canada and I       represent the Respondent. The Attorney General of Canada (the       AGC") in the above noted matter. I write in response to the       Applicant's Application for Leave to Appeal the decision of       the Federal Court of Appeal, dated June 29 2017. Please accept       this letter as the AGC' response to the application, pursuant       to Rule 27(1) and (2) of the Rules of the Supreme Court.              The Applicant' seeks leave to appeal the order of the Federal       Court of Appeal which dismissed the Applicant's Appeal (A-202-       16) for delay on May 1 2017. To the extent that any summary of       the Applicant's complaint is possible, his application for       leave claim appears to be a request that this Court disregard       the order of the Federal Court of Appeal dismissing the appeal       for delay, and proceed directly to an appeal of the decision       of Justice Phelan of the Federal Court of directly to this       Court.              This matter involves no issue of public importance that       require the consideration of this Court.              JCT: My whole case is that it is.              CR: The FCA applied the Federal Court Rules and a specific       Practice Direction to direct the conduct of the appeal.              JCT: Wonder if they'll mention it was over the PDF? or just       the "conduct."              CR: The inherent jurisdiction of the Federal Court of Appeal       to determine the format and substance of materials to be       submitted to it is an issue of fact and discretion that is not       a matter of public or national importance.              JCT: If them jerking me around for cash causes a matter of       national importance to not get heard, that's a matter of       national importance.              CR: The Applicant remains dissatisfied with the decision of       the Federal Court of Appeal ordering that he comply with the       Federal Court Rules and the practice direction of Chief       Justice Marc Noel regarding the filing and service electronic       materials dated Feb 12 2015. The Applicant was notified, at       least as of Nov 17 2016, that he could not file the appeal       book on a USB drive,              JCT: Not that it could not be done, but that it was not       allowed to be done. Wordsmithing to distort the actual sense.              CR: but would instead be required to file five paper copies of       the appeal book. Following the order of Justice Webb on Dec 8       2016, no action was taken by the Applicant and the matter was       referred to status review. Following status review a further       order was issued on Mar 21 20167 by Justice Gleason, informing       the Applicant that he would be required to file five (5) paper       copies of the appeal book with the Court of Appeal, by April       20 2017. On May 1, 2017, following the failure of the       Applicant to comply with the order of Justice Gleason, the       matter was dismissed for delay.3)       3) Order of Justice Stratas, Webb and Near              The Applicant now appeals the order dismissing his appeal for       delay, and the only argument in support of his application on       this point is that it is unreasonable for the Federal Court of       Appeal to              JCT: impose superfluous burden on an impoverished appellant.              CR: not accept his request that he file the appeal book in       electronic format based only on his claim of impecuniosity.              JCT: Okay better... "impose superfluous burden based only on       his claim of impecuniosity. Bingo, that is my case.              CR: The AGC submits that this matter is not of sufficient       public importance or significance,either in fact or issue of       law, which would satisfy the section40(1) of the Supreme Court       Act and require consideration of this Court. The Federal Court       of Appeal gave due consideration to the circumstances of the       applicant in rendering its decision              JCT: That's my point. The $300K/year guys did give my under       $20K/year consideration and after dinging me for the       transcript we didn't need to use which I paid for, they then       tried to ding me for appeal books when the rules when it says       electronic is permitted. So why did the judge disallow the       permitted electronic for the poor guy who couldn't afford the       paper?              CR: and the Applicant simply seeks a different determination       on the facts of his particular case, raising no issue of       public importance.              JCT: Watching fat-cat judges making me jump through financial       hoops with no reason, why did the judge not allow me the              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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