From: johnturmel@yahoo.com   
      
   https:groups.google.com/forum/#!topic/alt.fan.john-turmel/oK5ZU9KPW6Y   
   is my last post about MedPot Tim McConnell filing for 3   
   Extraordinary Remedies!! about his trying to file his motion   
   for Extraordinary Remedies in Superior Court. For some   
   reason, Superior Court Registry wasn't operating last week   
   when he tried to file the motion to stop his Preliminary   
   Inquiry on Jan 5 until the validity of the indictment is   
   checked out.   
      
   So he went in Wednesday to file and Her Majesty The Clerk   
   refused to accept it saying there was something wrong with   
   the motion. When he asked what, she said she couldn't give   
   legal advice.   
      
   Tim popped over to see the Duty Counsel and asked her what   
   was wrong with it. She said it looked fine to her. So he   
   went back and told the clerk that the lawyer had said it was   
   fine. So she said she'd speak the Superior Court Secretary   
   (we want the Registrar) and call him back. She never did.   
      
   Thursday Tim went back and gave her a copy of the motion he   
   wanted to file. She'd pass it along to the secretary but   
   he'd have to ask his judge at his P.I. the next   
   day for a date!   
      
   Why didn't Rene Ouellet have to ask a provincial court judge   
   for a date in Superior Court for his Extraordinary Remedy?   
   All he had to do was go to the Registry and file it. Tim's   
   being told he has to get a Provincial Court judge to book a   
   Superior Court date?   
      
   Friday, he told his P.I. Judge Laurin that he wanted to have   
   his motion to prohibit the Preliminary Inquiry slated for   
   hearing in Superior Court. The judge said that wasn't his   
   job and with no motion to stop him, was going to proceed   
   with the Inquiry since the witnesses were there. He put it   
   off to the afternoon to deal with other cases.   
      
   So Ray and Tim popped over to the Registry and told the   
   clerk that the judge had said it wasn't his job to get a   
   date so open get a "36" number file for the motion and give   
   us a date. She said they didn't need a date in order to open   
   the file and then serve the Crown. So they opened a file and   
   put it off to Jan 15 when the Superior Court sits again when   
   a judge will book the date.   
      
   Great. So Tim went back in and told the judge that he had   
   filed his motion in Superior Court to stop the inquiry.   
      
   Technically, the judge should have adjourned it but he was   
   from out of town, Quebec City, would be going home that   
   night and wouldn't be back for 6 months. So he just said   
   that he was going to get the inquiry done, no matter.   
      
   The only reason we don't want an inquiry before the validity   
   of the charge is established is that if the indictment is   
   later quashed, it's a waste of time and resources. But other   
   than that, there is no detriment. Even if he were to be able   
   to annul his lawyer's early election for judge alone and re-   
   elect for judge and jury, it would still be after the   
   Preliminary Inquiry has found sufficient evidence to send it   
   above or is waived. And in our cases, Rene waived the P.I.,   
   it's just a waste to time to challenge the evidence when   
   we're guilty if the law isn't dead.   
      
   So Tim sat through his Preliminary Inquiry. Since most of   
   the witnesses spoke French and Tim is English, they provided   
   a translator for him who had to translate everything,   
   doubling the time.   
      
   When the judge asked him if he had any questions, Tim   
   responded he wasn't participating and remaining silent until   
   his motion is heard. But then he told the judge that he   
   didn't need constant translation, just parts he might not   
   understand. So that helped get the judge out of there twice   
   as fast.   
      
   It was rather amusing when they testified that they had   
   followed him to a second property and found that there was a   
   grow there. But when they checked with Health Canada, they   
   found that Tim had his own exemption and grow. And the grow   
   he was busted at had an MMAR permit for 58 plants but the   
   D.G. had given up and Tim had picked up the slack. All he   
   was doing was helping out the other grow under an MMAR   
   permit for 58 plants after the D.G. had given up.   
      
   Remember, Allard permits cannot be changed so the DG was   
   there in name only and Tim did the gardening for the   
   patients. But all the books show a straight operation except   
   for the fact that the DG wanted out, couldn't without   
   hurting the patients, and Tim took up the slack. Beside his   
   own garden.   
      
   The funniest part of it was that Tim was charged with more   
   than the 58 plants because he had some clones! The officer   
   testified that under 58 plants were robust 4-footers and the   
   rest were about 2cm, under an inch. So Tim had stayed within   
   the conditions of the MMAR permit but for some 1-inch   
   clones!   
      
   Another funny part is how they surveilled his legal grow   
   before finding out it was legal. Imagine the judge listening   
   to these grown officers talking about following this arch-   
   criminal around town! Har har har har har har. But the part   
   about the exemptions hit the outer limits.   
      
   After all the evidence was in, Judge Laurin found there was   
   sufficient evidence to send him to trial before provincial   
   court. But he did not set a date for the trial. He set a   
   date before Judge Millar for procedural discussions with   
   respect to the remedies sought on Feb 6, 2018.   
      
   But then he exited wishing Tim good luck in his effort to   
   move his trial above.   
      
   Remember, either way Tim had to go through this process or   
   waive it. So the judge just got the job done even if it   
   might turn out to be unnecessary. Beats coming back.   
      
   So it is on the Superior Court docket and when Court resumes   
   on Jan 15, a judge will pick a date and let Tim know.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)