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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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