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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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