From: johnturmel@yahoo.com   
      
   JCT: Last Friday, Luc Paquette tried to file a motion to   
   vary Recognizance to get his bail money back. We learned   
   that the Recognizance form was wrong to tell us a JP or   
   Provincial Judge could vary a condition. But that's only   
   with Crown consent. Without consent, we should have gone to   
   Superior Court.   
      
   So the Court name was changed and on Monday, Ray and Luc   
   went in to get his new Recognizance without the curfew until   
   Jan 3 and then to file for relief in Superior Court.   
      
   The clerk said with the shortage of Superior Court judges,   
   there were no near dates available. Ray pointed out on even   
   the new Recognizance that he'd just signed still had the   
   wrong information that made him waste time below. So could   
   she go show it to judge and see what he could do?   
      
   She came back and said that a Superior Court judge had   
   granted the motion for a short notice hearing tomorrow   
   morning! Technically, the judge can't do that but remember   
   how all our motions include the magic words:   
      
   AND FOR ANY ORDER abridging or extending the time for   
   service and filing...   
      
   If that were not there asking him for a short notice hearing   
   if that's what it takes, it's doubtful he'd have granted it   
   on his own. Maybe. Except that the rules say you have to   
   give the Crown sufficient service, usually 3 clear days.   
   They didn't get it so that rule had to be ignored and short   
   notice granted.   
      
   Good sign. Looks to me the simplicity of the situation got   
   the judge's attention. It shouldn't take more than 10   
   minutes.   
      
   And it lets the Crown know that they'd better come up with   
   one heck of a good reason why bail rather than bond is   
   needed to compel his attendance.   
      
   If it had to bet, I'd say this one is a 90%! 9:1 odds I'd   
   give. Every time I can remember where a judge has granted   
   short notice hearing, it's because they were swayed by the   
   argument.   
      
   Luc gets his hearing a day after he files his motion.   
   Ray got his medpot renewal hearing 5 hours after he filed   
   his motion and his permit 5 hours later.   
      
   So it would seem we'll have a Superior Court Justice playing   
   Santa for at least one non-mob-king-pin grower's family.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)