From: johnturmel@yahoo.com   
      
   JCT: Even though the motion details how this is not a   
   constitutional motion which needs constitutional notice to   
   provincial attorneys-general and even has a transcript where   
   the Crown says their guys weren't coming because it wasn't   
   constitutional, Justice Labrie, with little examination or   
   thought, no doubt, ruled Noel was trying to declare a law   
   unconstitutional and needed notice.   
      
   Guess he didn't notice he wasn't trying to strike down any   
   law, that will come when he does do the constitutional   
   challenge at trial, but was claiming Parker and Krieger had   
   struck down the laws he wants declared "still dead," not   
   "newly dead."   
      
   He's got until Feb 7 to get his Notice filed. Note that it   
   isn't the required 30 days for such constitutional notice.   
      
   When the judge ordered Marie Eve to serve the notice, I   
   prepared one that said Notice of NO Constitutional Question,   
   then Marie's Crown indicated the other Crowns weren't coming   
   because they agreed it was not constitutional.   
      
   When a judge ordered Tim McConnell to file a constitutional   
   notice, he came back with the Marie Even transcript and   
   refused. Judge sent it on without notice.   
      
   So we can either waste the money on a bailiff to serve   
   another Notice of No Question or just go back and refuse   
   like Tim and see what they do.   
      
   Probably not waste the money and refuse to comply. If Tim   
   could as a precedent, Noel can too.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)