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

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   Message 10,358 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Justice Brown orders Heidi Reply   
   18 Feb 18 08:55:38   
   
   From: johnturmel@yahoo.com   
      
   JCT: Yesterday, I wrote: Heidi Chartrand gets 18-day MedPot   
   Hop-To-It Renewal. Maybe mistake, could have been 21 days if   
   it was issued the day Jon Bricker wrote the Court:   
       By Responding Motion Record dated Feb 8 2018, Canada   
       requested that the plaintiff's motion be dismissed, with   
       costs, on the ground that the plaintiff had not met the   
       test for either an interlocutory injunction or an order   
       in the nature of mandamus.   
      
       I am advised by Health Canada that, subsequent to the   
       filing of Canada's responding motion record, Health   
       Canada completed its review of the plaintiff's   
       application for registration to produce cannabis for her   
       personal medical use, and granted the application   
       confirming her registration has been sent to the   
       plaintiff via Express Post.   
      
       JCT: Since they have now complied for interim relief in   
       processing her permit, I think he's going to dismiss it   
       as mooted...   
      
   JCT: But Heidi just got an email from the registry:   
       The Court (Brown, J.) is directing that the Plaintiff   
       reply to the Defendant's letter (enclosed) by February   
       23, 2018.   
      
   JCT: So now that the remedy was provided, her authorization   
   was registered, why didn't Judge Brown just dismiss the   
   motion for interim relief as mooted like he dismissed those   
   of Peter and Ginette? And Terry, Robert, Tony, Nicole and   
   Denise? Though Peter and Ginette refused to abandon their   
   motion hearings, wanting beef about not getting their full   
   terms, that is premature given we're asking for that in the   
   main claim, and we hadn't really raised it in the motion.   
   And even if short-changed, the registration is certainly   
   enough interim relief until the action is tried.   
      
   So there's no reason Heidi should push for the hearing and   
   no reason for the judge not to dismiss it since it's been   
   mooted by them caving. The Crown should be happy to have   
   another motion dismissed as mooted just before the hearing,   
   again.   
      
   So why is Judge Brown dragging it on? So why didn't he just   
   dismiss it like the others? Why make wait for Heidi's Reply   
   to the letter? It wasn't just to make the Crown suffer with   
   more tangling with us. So why?   
      
   It's the Jon Bricker's fault. He was so peeved at Heidi   
   coming back at him in only another week, she had good   
   reasons of which he was unaware, that he over-reacted.   
   Remember, we'd been warning all along that since   
   Registrations used to be done under the MMAR in "under 4   
   weeks and renewals far less," Jeff Harris and Wife each were   
   renewed in 2 weeks, that I'd feel free to file against late   
   renewals after 2 weeks. So Heidi filed after 1 week and the   
   judge dismissed giving them more time.   
      
   Jon should have known he only had 14 days before she'd be   
   back. They've processed other hop-to-its in days, even   
   hours, but a week later, when Heidi checked, she wasn't   
   even in the system. So on Day 15, Bricker gets a "Whack,   
   Heidi's back." And then he blew it to stop the motion from   
   ending on the moot note!   
      
   Har har har. He tried to whack her back by asking for $250   
   in court costs to deter others. And now it's back-firing.   
      
   That is the only real issue left to be dealt with. The   
   Crown's demand she be financially punished for rushing the   
   requests for her medicine! Har har har.   
      
   Heidi gets to explain how it was actually all their fault,   
   that she's already suffered enough, and maybe they should   
   pay her something for making her come back a week later when   
   they'd hopped for others in only hours and days. Remember,   
   I'd bet the judge would have to dismiss it as mooted. But   
   their asking for costs is in the way. Don't they feel stupid   
   about that now. Har har har har har har har har har.   
      
   So we'll get to list all the things that Denise Beaudoin,   
   Tony and Nicole Van Edig could have suffered had their   
   registrations expired, and that Robert McAmmond, Terry   
   Johnsgaard and Heidi Chartrand actually suffered when Health   
   Canada let their registrations expire after 8 days, 6 weeks,   
   15 weeks!   
      
   But neat that we can list all Heidi's losses, which apply to   
   everyone else who expired, except they may not have shut   
   down. Her Registration being allowed to expire before   
   renewal caused her to suffer:   
      
   - interruption in production with minimum cost of 3 less   
   weeks over the year in production at her daily dosage. Easy   
   to assess; if they'd processed you on time, you have 3 extra   
   weeks of production by the end of the year.   
      
   - destruction of some immature plants and having to start   
   over would be a hard value to estimate. Probably skip   
   talking about plant loss and just talk about medicine loss   
   while out of legality.   
      
   - stress from being an outlaw facing   
   a) life-sentence imprisonment with a big stash to hide;   
   b) fines for getting caught merely following her doctor's   
   authorization without bureaucratic registration.   
      
   And the only reason for all the pain is short-staffing!   
   Health Canada does not have a protocol to deal with rush   
   requests because they don't even have a working mechanism to   
   deal with the "on-time" requests either.   
      
   Since most people file well in advance, Heidi's rush job has   
   to be a rarity. Denise Beaudoin had applied to renew 13   
   weeks in advance and needed a motion filed just before   
   expiry date. Tony and Nicole Van Edig applied to renew 10   
   weeks in advance and needed a motion filed just before   
   expiry date.   
   So even if Heidi had filed in the minimum recommended 6   
   weeks before Jan 26 expiry, that is, Dec 15 2018, there is   
   the great probability that she would have had to bring the   
   motion anyway, whether she'd filed on time or asked for a   
   rush job.   
      
   And McGuire told a rare rush job request that she'd have to   
   suffer normal procedures, no mechanism for prioritizing. Now   
   that we've learned that normal procedures do not allow for   
   expedition in case of expiry looming, just suffer the wait,   
      
   And those sending renewals well in advance lose more time.   
   Denise lost 13 weeks, Robert 15 weeks, Tony & Nicole 10   
   weeks and Terry lost 6 weeks. Why rush when it costs you   
   time? Unless there's not enough staff to process you on   
   time.   
      
   And twice, the Crown pointed out she would not wait. But she   
   did wait long enough. And making the second motion looks   
   like it prompted hop-to-it processing. So, without that   
   second motion to see a judge, she'd probably still be   
   waiting.   
      
   Besides, to hit her with costs for the motion that compelled   
   them to cave in record time would seem ludicrous. That   
   really is the main issue the judge is stuck with.   
      
   Lots of great points to make and they kept the door ajar   
   with their stupid demand for costs. Shows Bricker's getting   
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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