From: johnturmel@yahoo.com   
      
   TURMEL: Transcript of MedPot Terry Johnsgaard with Judge Brown   
      
   JCT: It took awhile for Jeff to get the audio recording of   
   Terry's hearing on Jan 25. We've prepared an unofficial   
   transcript of the hearing. I've inserted my comments in case   
   there's stuff we get to use in future hearings. And there   
   is.   
      
   HEARING Thurs Jan 25 2018   
      
   Terry Dale Johnsgaard v. HMTQ   
   Jon Bricker for the Crown   
   Jeff Harris for the Group of Delayeds Plaintiffs   
      
   Presiding: Justice Peter Brown   
      
   Judge Brown: I've read the material, it seems that the   
   permit you are requesting was granted on jan 22 and the   
   Crown is suggesting that your motion is moot. I'll hear from   
   Mr. Johnsgaard, Mr. Harris, and Mr. Bricker and then Mr.   
   Johnsgaard has a Reply.   
      
   Terry Johnsgaard: My question is: Is there a provision for   
   renewing an expired Authorization or does this be deemed as   
   a new one?   
      
   Jon Bricker: I'm not sure I understand that question.   
      
   Judge Brown: I should have started by saying I am the judge   
   of this case and because you are not represented, there are   
   a few things I have to go over with you. I'm here to explain   
   the court process and decorum, to provide basic instructions   
   on how to proceed and general guidance when needed to ensure   
   that you're not taken advantage of or your lack of   
   experience here is not taken advantage of. But I'm not your   
   lawyer, I cannot give you advice nor show favoritism toward   
   you. I cannot lighten your evidentiary burden or waive your   
   legal obligations. You have your work to do that I cannot do   
   and one of the things I can't do is instruct you on the law   
   or procedure. You'll have to take your own counsel on that.   
      
   JCT: Still, finding out if an expired Authorization may be   
   renewed or if it needs to have a new application should be   
   of interest, if they send the renewal but they can't.   
      
   Judge Brown: You have your permit now and the email sent to   
   you.   
      
   Terry Johnsgaard:  Yes.   
      
   Judge Brown: Do you have any other relief that you seek   
   today?   
      
   Terry Johnsgaard: Just knowing if in the future that I will   
   get my full term of one year? It seems that through this   
   process I lose.. when I went through the original process   
   initially of signing up with this, I lost 3 or 4 months.   
   Even this last one, I've lost 2 months with this renewal   
   now. So I never get the full 12-month term.   
      
   Judge Brown: How is it that you've lost a month or two now?   
      
   Jon Bricker: I could be able to speak to that to clarify it   
   a little it. What Mr. Johnsgaard means by that, if I may.   
      
   Judge Brown: All right.   
      
   Jon Bricker: Under the regulations right now, a medical   
   practitioner has to authorize the use of medical cannabis up   
   to a period of 1 year. And then when Health Canada issues an   
   authorization for that one year or whatever period specified   
   runs from the date of that authorization.   
      
   JCT: Actually, it doesn't run from the date of the doctor's   
   authorization, it runs from the effective date and expires a   
   year from the doctor's authorization. Not quite the same.   
      
   Jon Bricker: So I think Mr. Johnsgaard is referring to the   
   fact that his health care practitioner has authorized it on   
   Nov 29, and Health Canada got it Nov 30. The authorization   
   period would run from that date. And from that,   
   conceptually, in recognition that this is what the doctor   
   has prescribed, this period of usage, and Health Canada does   
   not extend that period authorized by the doctor.   
      
   JCT: Notice how he ignores completely that it does not run   
   from the doctor date, it runs from Effective Date.  We're   
   not talking about "not extending" the permit, we're talking   
   about back-dating it to shorten it at the front. Notice   
   we're saying they shouldn't cut off from the front and he   
   responds they cannot extend at the end of it. He avoids   
   mentioning that the Effective Date is not the doctor signing   
   date.   
      
   Jeff Harris: Which they used to.   
      
   JCT: Under the MMAR, they did not extend the period past the   
   period authorized by the doctor but started the period   
   authorized by the doctor on Effective Date until the period   
   prescribed expired. Notice how all the lawying ducks that   
   the Effective Date to Expiry Date is not a full year. Har   
   har har. What a ton of verbiage to try to call it a full-   
   year from when the doctor signed and it's not effective that   
   full year.   
      
   Jon Bricker: I don't know previous practice in that regard.   
   I would note though that patients are able to apply well in   
   advance so that there is no loss...   
      
   JCT: NOT. The more in advance they apply, the more time they   
   lose. So Jeff said they lose the time that they applied in   
   advance and Bricker says they can prevent the loss by   
   applying even more in advance! Har har har har har har.   
   Should verify what he means by "loss." All the medical   
   document says is "how long," not when it starts and it used   
   to start on the same day as the Effective Date and someone   
   changed it.   
      
   Jon Bricker: Oh, I supposed that was responding to a   
   slightly  different issue,   
      
   JCT: Actually, it's responding to the issue erroneously. The   
   more in advance, the more the loss, not the less.   
      
   Jon Bricker: but that is the practice and that was the   
   practice under the previous regulations as well.   
      
   JCT: There are no grow permits under the previous regime to   
   be processed "as well." And it was not the practice under   
   the previous regulations which did have growers and was the   
   same date yearly.   
      
   Jon Bricker: Under current legislation, the Authorization   
   does run from the date that the doctor approved it.   
      
   JCT: NO, it runs from the Effective Date Health Canada   
   registered it. Sure, it runs to a year after the doctor   
   approved it, but the authorization itself does not run from   
   the date he approved it. Nice contradiction. thinks we're   
   talking about the date it runs from while we're complaining   
   about the date it does not run to!! Cute.   
      
   Jeff Harris: But the Health Canada authorization doesn't   
   coincide with that date.   
      
   Terry Johnsgaard: It does not.   
      
   Jeff Harris: It actually includes 5 or 6 months of that 12   
   months waiting for Health Canada to process the application.   
      
   Terry Johnsgaard: That is correct.   
      
   Jeff Harris: In my wife's case, it took 28 weeks so she lost   
   28 weeks of the 52 weeks for the authorization because   
   Health Canada wouldn't give her the authorization from when   
   they signed it, it was back-dated the 7 months it took to go   
   through the system. So out of the 12 months, she got 5.   
      
   Jon Bricker: I can't speak to a case that's not in front of   
   me but it is open to somebody in that circumstance, as their   
   period of authorization expires to go and apply for the   
   renewal.   
      
      
   [continued in next message]   
      
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