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

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   Message 10,339 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Judge Brown says Heidi Chartrand   
   31 Jan 18 12:58:12   
   
   From: johnturmel@yahoo.com   
      
   To Heidi, Jon Bricker, Wendy Wright   
   No: T-144-18   
      
   Heidi Chartrand had had trouble getting in to see her doctor   
   and only submitted her Renewal of Authorization on Jan 18   
   when it expired on Jan 26 2018.   
      
   On Jan 25, she filed a Statement of Claim that it had taken   
   too long; in our criminal constitutional motions, I decry   
   non-instantaneous renewal, like for licenses.   
      
   She also filed a motion on short notice for interim relief.   
      
   Now it's funny that right after Justice Brown pointing out   
   how the real danger of slow paperwork was not as much for   
   those waiting to become legal but those who have been legal   
   and expire and in jeopardy of fines and imprisonment if they   
   don't destroy their supply.   
      
   And now he gets Heidi who is going to become illegal on   
   Saturday night asking for a short notice remedy.   
      
   He ruled he was   
       "not persuaded that Health Canada is obliged to issue a   
       renewal within 8 days."   
      
   JCT: If he's thought about what it would take, how Ray's   
   renewal was processed within after hours in only 4.5 hours,   
   maybe her not falling into jeopardy could have been averted   
   without mandating they do it.   
      
   After all, she had asked for 3 heads of relief; 1)   
   constitutional court-exemption, 2) court extend exemption,   
   3) mandate it get done by midnight next day. And he ducked   
   two heads of relief while explaining reasons for the one he   
   refused.   
      
   So sure, we can't expect Health Canada to help in in 8 days,   
   but I think we might expect the Court to help when Health   
   Canada regular process is too slow with either extension or   
   Mandate it done. Her medical need did not expire when her   
   documentation expired. Imagine if she had had cancer? And he   
   had the power, knocked down the 1 of 3 heads of relief he   
   could, she didn't give HC enough time, while ignoring the   
   other two remedies he could have granted that had been asked   
   for.   
      
   Sure, we could appeal and be asking a Court of Appeal judge   
   for interim relief too. But since it's almost 2 weeks since   
   she applied to renew, and what is there to do for a renewal   
   with no info changes.   
      
   Lead Plaintiff Jeff Harris can also attest that he and his   
   wife both had their MMAR Renewals processed in under 2   
   weeks. We've mentioned that in our Statements of Claim so   
   Justice attorneys Jon Bricker and Wendy Wright should know.   
   So I told Heidi to wait the 14 days until Feb 2 and then   
   file the motion again.   
   This time, mentioning Harris 2-week backing up Lessard's   
   "Authorizations in under 4 weeks, renewals in far less."   
      
   Heidi: Called Health Canada and they still haven't even   
   opened my mail I sent. Still showing nothing other than me   
   calling in on my file. So 8 days or more just to open mail   
   they signed to receive that was marked urgent.   
   Calling Jon Bricker now   
      
   Heidi: Oh i just got a call from the office of medical   
   cannabis ! They are looking into my file to find out why my   
   mail hasn't been opened since last monday hahaha.   
      
   JCT: Anyway, it sounds like she can file for Friday on short   
   notice again mentioning how the 8 days Health Canada   
   couldn't be expected to do it in was spent in the mail room!   
   Marked urgent.   
      
   If they could get Ray's in hours, they can get hers to avert   
   her not-bluff threat to do it again on the basis of 2 weeks.   
   And won't Judge Brown be not pleased to see her back and   
   find out why.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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