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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 10,329 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: NOUAGE-Ring Luc Paquette files M   
   18 Jan 18 10:18:41   
   
   From: johnturmel@yahoo.com   
      
   TURMEL: NOUAGE-Ring Luc Paquette files MedPot Quash in Gatineau   
      
   JCT: A while back, there was a huge "Cops & Gardeners" NOUAGE   
   bust of a network of pot-growers in Gatineau.   
      
   They made it look and acted like it was some big organized   
   crime syndicate when it was a bunch of small growers all   
   selling to one guy. Har har har. Not quite the mafia.   
      
   But they were treated like major gangsters which explains the   
   high bail Luc asked the court to return last month.   
      
   Though the judge changed the time out-of-the-house from 10pm   
   to midnight, the court wouldn't return the $12,500 bail so Luc   
   could pay off his credit card bill. Thinks Luc using family   
   money to pay interest is going to better keep him from running   
   away; or the court collecting the interest is more important   
   than Luc's family eating.   
      
   But it could cause major problems for everyone and the Crown   
   involved in the Gardeners Ring case. They want him slated for   
   pre-trial on Feb 16 with the remaining others who haven't been   
   plea-dealt by their lawyers.   
      
   But Luc wants his Quash Motion heard before any Preliminary   
   Inquiry, right? And we know how to enforce that in higher   
   courts.   
      
   Remember Tim McConnell Mandamus, Prohibition, Certiorari.   
   Asking Superior Court to mandate the judge do the duty to rule   
   on the Quash, or to prohibit any Preliminary Inquiry until the   
   Quash is adjudicated, or Certiorari to annul his lawyer's   
   election and move it higher court. Judge moved it higher to   
   save the lower court the embarrassment of not doing their job   
   right.   
      
   So they slated Luc for Jan 26 to decide what he's going to do.   
   So he filed his motion to Quash for hearing by the judge of   
   first instance on Jan 26. If the judge ducks, Luc will file,   
   like Tim, in Superior Court for Mandamus or Prohibition.   
      
   If the judge doesn't duck and rules on it, then sure, have   
   the Preliminary Inquiry. He's electing judge and jury. And as   
   we learned in the Montreal Musketeers case, every charged gets   
   dragged to Superior Court judge and jury with him! Har har har   
   har har har.   
      
   But if the judge ducks, then the real head-aches start for the   
   Crown as he goes off to Superior Court on his own for   
   Extraordinary Remedies and they'll have to do another whole   
   Preliminary Inquiry for him when he gets back if they don't   
   wait. Plus, he'll be electing jury and we know Swanston   
   already elected judge alone below, like Tim!   
      
   Fun stuff as they try to make hay out of "large conspiracy"   
   where all alone he's a minor gardener.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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