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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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