From: johnturmel@yahoo.com   
      
   JCT: Heidi Chartrand had filed for her renewal quite late,   
   only 8 days before expiry, but the only change was a new   
   doctor letter. How long should that take?   
      
   In my last article TURMEL: Judge Brown says Heidi Chartrand   
   moved too soon, I noted he could have granted her a 1)   
   constitutional exemption pending delivery of her renewed   
   permit or 2) extended her old permit, even ordered Health   
   Canada to hop to it, but refused her short notice motion   
   because he didn't think 8 days was enough time to process   
   the application.   
      
   Now Heidi's found out it was still stuck in the mail room   
   and hadn't even been entered into the system yet. And she   
   complained too soon?   
      
   After 13 days, Heidi called Jon Bricker and complained that   
   she wasn't even in the system and that she was going to move   
   again after 2 weeks like the 2 weeks it took to process Lead   
   Plaintiff Jeff Harris and his wife's renewals under the   
   MMAR. So they were warned.   
      
   So I prepared another motion with 3 clear days notice so she   
   didn't need to ask for short notice that can be denied for   
   hearing next Thursday Feb 8. Hey, Art Jackes is having a   
   his a case management meeting near that day too. And Peter   
   Howard is waiting for his motion too.   
      
   But Bricker emailled Heidi on Jan 31 that he'd passed along   
   her concerns to Health Canada. As if that's going to stop   
   her. She called Health Canada and still wasn't in the   
   system. Guess they don't read my blog.   
      
   I was really afraid that Bricker would get her renewal to   
   her before she filed. I really wanted the judge to know that   
   the 8 days he was adjudging were insufficient for processing   
   her permit were wasted in the mail room.   
      
   So here is the motion that hits Judge Brown's desk this   
   morning:   
      
   File No: T-144-18   
                          FEDERAL COURT   
   BETWEEN:   
                         Heidi Chartrand   
                                                   Applicant   
                               and   
      
                    Attorney General of Canada   
                                                  Respondent   
      
      
                          NOTICE OF MOTION   
      
   TAKE NOTICE THAT on Thursday Feb 8 2018, at 9:30am, or so   
   soon thereafter as can be heard the Applicant's motion with   
   leave of the judge or on short notice if necessary by   
   telephone conference call.   
      
   THE MOTION IS FOR an Order granting Applicant interim relief   
   in:   
   1) a personal constitutional exemption to continue growing   
   marijuana pursuant to the conditions in the ACMPR   
   Authorization MCR-25584 until the Health Canada delivers the   
   needed renewal, or, in the alternative,   
   2) an extension of Applicant's expired Exemption; or,   
   3) an Order of Mandamus that Health Canada immediately do   
   its duty not to violate Applicant's S.7 Charter rights by   
   allowing the Applicant to suffer the jeopardy of expiry that   
   compels the destruction of all plants and stored cannabis.   
      
   AND FOR ANY ORDER abridging the time or mode of service or   
   dispensing with any documents or amending any error or   
   omission which this Honourable Court may allow.   
      
   JCT: These are the Magic Words. The "Open Says Me" that asks   
   the judge to fix anything, so it's not the clerk's decision.   
      
   THE GROUNDS FOR THE MOTION ARE that under the MMAR, the time   
   to process an application to produce marijuana was touted   
   before this Court by Dr. Stephane Lessard, Controlled   
   Substances and Tobacco Directorate, as "done in under 4   
   weeks, and renewals, far less." Under the ACMPR, with only   
   production permits to deal with,that time has been raised to   
   almost 30 weeks for applications and 16 weeks for renewals.   
   And though the Health Canada Renewal Information Page   
   suggests submitting renewals 6-8 weeks before expiry, it   
   does not mention they will be renewed 6-8 weeks after   
   expiry. Under the MMAR, Lead Plaintiff Jeff Harris received   
   his renewal in 2 weeks. Forcing the Applicant to choose   
   between concern for the law and for health was declared   
   unconstitutional in R. v. Parker.   
      
   THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the   
   hearing of the motion: Applicant's Affidavit.   
   Dated at Halifax on Feb 2 2018.   
   Heidi Chartrand   
      
                   AFFIDAVIT OF HEIDI CHARTRAND   
      
   I, Heidi Chartrand. residing at 1679 Hammonds Plains Road   
   Hammonds Plains make oath and say as follows:   
      
   1. I have an ACMPR exemption to use marijuana for medical   
   purposes number MCR-25584 that expired on Jan 26 2018.   
      
   2. On Thursday Jan 18 2018 was submitted my application to   
   renew my ACMPR Authorization to produce cannabis for medical   
   purposes which was expiring on Jan 26 2018.   
      
   3. On Friday Jan 26 2018, my motion to Federal Court for   
   interim relief by a 1) constitutional exemption, 2)   
   extension of Authorization or 3) Mandamus that Health Canada   
   hop to it was dismissed because 8 days before expiry did not   
   give Health Canada sufficient processing time.   
      
   4. After my exemption expired, I contacted Health Canada but   
   my Application was still not even in the system. I contacted   
   the Respondent pointing out how it took Lead Plaintiff Jeff   
   Harris under 2 weeks to receive his "nothing changed"   
   renewal under the MMAR and they once processed Ray Turmel's   
   renewal before expiry upon this Court's suggestion 5 hours   
   later. How difficult can it be to renew something that did   
   not change granting the difficulty of getting from the mail-   
   room to someone's desk.   
      
   5. On Jan 31, Respondent's Counsel Jon Bricker wrote to   
   indicate that he had brought my concerns to Health Canada's   
   attention. I still do not show in the system.   
   Heidi Chartrand   
      
   Sworn before me at Halifax on Feb 2 2018.   
   A COMMISSIONER, ETC.   
      
                     WRITTEN REPRESENTATIONS   
      
   1. Applicant is an ACMPR exemptee to use marijuana for   
   medical purposes with expiry on Jan 26 2018 who submitted an   
   application to renew a production Authorization on Jan 18   
   2018. Applicant has not yet received it.   
      
   2. The Health Canada Renewal instruction page states:   
        It is recommended to submit your renewal application at   
        least 6-8 weeks before the expiry of your current   
        registration certificate.   
      
   3. At a hearing in Raymond Turmel v. HMQ T-144-18977-13,   
   Justice Roy was informed that Dr. Stephane Lessard,   
   Controlled Substances and Tobacco Directorate had said:   
   "Most Exemptions are done in under 4 weeks, and renewals,   
   far less.'   
      
   4. Under the ACMPR, with only production permits to deal   
   with, that time has been raised to almost 30 weeks for   
   applications and 16 for renewals. And though the Renewal   
   Information Page suggests submitting renewals 6-8 weeks   
   before expiry, it does not mention it will be renewed 6-8   
      
   [continued in next message]   
      
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