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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,395 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Luc Paquette files 2nd Motion to    |
|    21 Mar 18 17:30:03    |
      From: johnturmel@yahoo.com              JCT: Luc Paquette was a small grower selling to a guy who       was buying from a couple of dozen small growers. So because       he was the wholesaler, they charged them all with being a       Criminal Organization and made them all come up with very       high bail to get out of jail.              Since the interest on his credit card was robbing his family       of $200 a month, last December Luc asked Superior Court       Justice Catherine Mandeville if she could convert his       $12,500 Bail to a $12,500 Bond to not break the peace. She       ruled that since he had agreed to it, he was stuck with it.       I thought that was rather unempathetic but what do people       with big savings know of the woes of people in debt. "Their       hearts have grown cold," as Jesus said in Matthew.              But once the Crown dropped all the mandatory jailable       offence and reduced the Life sentence charge of over 3KG to       a 5-year sentence for less than 3Kg on Friday, I sent him       back above to ask for a reduction in his bail.              I just found out, Crown even offered him house arrest in       exchange for a plea! He had to refuse because the criminal       record would cost him his good job (and I stalled James       Turner 9 years before his trial and I can do it for Luc too,       then 3 more years after trial hoping Parliament Amnesties       Pot People by then). As I'm the best legal counsel money       can't buy, he may as well fight it out.              But since he's now facing a quite dinky Possession for the       Purpose of Trafficking 266 grams (it should have been       reduced to Simple Possession because 266 grams volume in       no way implies Trafficking anymore when some people consume       more than that in one day.              And a charge over 19.5 grams of resin hash. So his Criminal       Organization Indictment has been reduced to 10 ounces       of bud and 2/3 ounce of hash. Har har har har har har. And       really, if he goes to trial on the Trafficking imputation,       that's a loser and so it's only the 20 grams of hash he       can't beat (if the law is still alive).              But a criminal record for even 10 grams of hash could bust       his job credentials. So the fight must goes on. I love       combat.              The only way I'll let him give up is if he comes out of it       with no criminal record and keeps his job. I don't care how       much he donates to the judge's favorite charity in exchange       for a discharge if he consents to plead guilty. No harm       in having a record for pot and hash, only harm from the       record.              In the meantime, today he filed a motion to get back before       Justice Mandeville to have his bail reduced commensurately       with the reduction in severity of his charges.              LOCALITE GATINEAU SUPERIOR COURT OF QUEBEC       NO: 550-01-95970-168 (Criminal Chamber)               Between        Luc Paquette        Applicant               -and-        Attorney General for Quebec        Respondent               APPLICATION TO VARY RECOGNIZANCE              TO AN HONOURABLE JUDGE OF THE SUPERIOR COURT OF QUEBEC       (CRIMINAL CHAMBER) SITTING FOR THE DISTRICT OF GATINEAU, the       Applicant states as follows:              PART I - FACTS              1. Applicant was charged for growing 174 marijuana plants       under Production Section 7-1-2-b with 1-year mandatory       minimum, Possession Section 4-1-4-a for 19.5 grams of resin,       and Possession for the Purpose of Trafficking over 3       Kilograms under Section 5-2-3-a facing a life sentence              2. On Nov 11 2016, in order to be released from jail,       Applicant signed a Recognizance posting Bail of $12,500 and       must be home between 12-5am and other conditions not sought       to be varied.              3. Applicant holds a job which pays about $900/week, about       $3,900 per month with fixed expenses for mortgage, auto,       Hydro, Taxes, Communications, credit card payments of about       $3,000.              4. With the remaining $900, Applicant must provide for 3       children aged 11, 14, 17 and is getting deeper into debt.              5. The curfew makes visiting family very difficult.              6. On Friday March 16 2018, before Cour du Quebec Judge       Laflamme, the Crown withdrew the S.7 production charge with       mandatory minimum, and with no plant material in evidence,       reduced the S.5(2) charge to Possession for the Purpose of       Trafficking of 266 grams.              PART II - ISSUES              7. Should the severe reduction in gravity of the charges       result in a commensurate severe reduction in the bail and       curfew.              PART III - ARGUMENT FOR ORDER              8. Given a stable job, stable home situation, and much       reduced risk of flight, Applicant seeks to vary the       Recognizance by changing the $12,500 bail to a reduced bond       and ending the curfew.              Dated at Gatineau on March 21 2018.               NOTICE OF MOTION              TAKE NOTICE that on _______ 2018 at _____m or as soon       hereafter as can be heard the application made to a judge of       the Superior Court at the Courthouse in Gatineau for an       Order varying the Recognizance by changing the $12,500 bail       to a reduced bond and ending the curfew.              JCT: Judge will set his date. So Crown reduces the severity       of the charges Friday and he has a perfect excuse to apply       again to reduce his bail. Hope Justice Mandeville sees the       logic.              If she says yes, then Luc is going to warn her of what I was       going to do. If no, he won't.              She's the one who did not rule on his motion to Mandate       Judge Millar do the Quash nor to Prohibit trial without       Preliminary Inquiry before his date of trial. Pissed me off.              But if she's nice, he's going to mention that he's ready to       withdraw the Mandamus against Millar because Judge Laflamme       started that pre-plea hearing and that's okay, we're not       going to be picky that it had to be corrected by Millar. A       typo can be corrected any judge and we don't need to carp       about a judge not knowing the rules. Laflamme is ready to do       it, in the right order, that's fine by us.              But he is going to warn her that Laflamme thinks it's moving       to trial right after the Quash. Not without a Preliminary       Inquiry and if she prohibit it, I'll appeal her decision to       do nothing to the Quebec Court of Appeal and ask them to       prohibit what should be prohibited.              It had to be embarrassing Millar with the Mandamus that       caused the hesitation, not the having the PI as it should       be. So once the Millar Mandamus is gone off her plate, it       becomes simple to slate the hearing and issue the       Prohibition!              Or I take it higher appealing HER non-action, starting to       complain about her over the real easy issue.              But if her heart stays cold, then I'm going to embarrass her       in front of the higher court before he gets back to       Laflamme. In weeks, not years.                     [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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