From: johnturmel@yahoo.com   
      
   TURMEL: Crown hides Salandy hop-to-it permit from Judge Brown   
      
   JCT: On April 9 2018, Federal Court Justice Brown handed   
   down his decision on Nathan Salandy's Motion for Interim   
   Relief to start growing his pot while awaiting his permit.   
      
   Usually, when a motion was filed, Health Canada hopped to it   
   and delivered the registration permit before the hearing to   
   mooten the relief sought. But they put up a fight for Nathan   
   Salandy who applied Feb 9 2018. So we'll find out how   
   they're doing recently.   
      
   Judge Brown's April 9 decision rules:   
      
   2018-04-06 Ottawa   
   Order dated 06-APR-2018 rendered by The Honourable Mr.   
   Justice Brown   
   Matter considered without personal appearance   
   The Court's decision is with regard to Motion in writing   
   Doc. No. 3 Result: dismissed   
   "THIS COURT ORDERS that:   
   1.   The Plaintiff's motion is dismissed without costs.   
   2.   The Plaintiff is at liberty to reapply if his request   
   is not processed in a timely manner without justification."   
   Interlocutory Decision   
      
   JCT: Great. No hop to it providing the remedy sought but   
   still no costs to the loser of the motion. But 2 days later,   
   on Wednesday, Nathan got his permit which had been issued on   
   April 3, before our Reply and the judge's decision. So   
   wasting our time. So I decided the best way to punish them   
   is to ask the judge to censure them and hit them with costs.   
      
   T-144-18   
                          FEDERAL COURT   
   BETWEEN:   
                          NATHAN SALANDY   
                                      Plaintiff (Moving Party)   
                               And   
                      HER MAJESTY THE QUEEN   
      
                                        Defendant (Respondent)   
                         NOTICE OF MOTION   
      
   TAKE NOTICE THAT on a date set by the Case Management Judge   
   Brown, the Applicant will make a motion by teleconference to   
   the Court, with leave of the judge or on short notice if   
   necessary.   
      
   THE MOTION IS FOR an Order censuring the Defendant for not   
   disclosing that the Motion for Interim Remedy dated Mar 22   
   2018 had been mooted by the April 3 2018 issuance of the   
   registration sought before the Applicant's April 6 Reply was   
   filed and the April 9 decision of the Court was rendered.   
      
   THE MOTION IS ALSO FOR an Order awarding punitive and other   
   costs to the Applicant.   
      
                      APPLICANT'S AFFIDAVIT   
      
   I, Nathan Salandy, residing in Bracebridge Ontario make oath   
   as follows:   
      
   1. On Feb 9 2018, Health Canada received my application.   
      
   2. On March 7 2018, around 8:11am, I had a 6-minute call   
   with Health Canada to ascertain the status of my permit. I   
   was told I could expect to wait 26 weeks, half a year! In a   
   recent news article dealing with the Johnsgaard hearing   
   titled: PATIENTS TAKE FEDS TO COURT OVER BACKLOG IN POT   
   HOMEGROW PERMITS   
   Kyle Duggan. Published on Apr 4, 2018 at   
   https://ipolitics.ca/2018/04/04/patients-take-feds-to-court-over   
   backlog-in-pot-homegrow-permits/   
   is a graph showing how the demand for permits has grown.   
      
   3. The graph does not show the cumulative total of "active   
   registrations" issued but the monthly permits issued. It   
   shows that there were 70,000 permits issued in the last 6   
   months of 2017. Subtracted from a total 90,000 permits at   
   the time means that about 20,000 were processed in the   
   previous 10 months of the regime:   
      
   Aug 2017 - Mar 2018   
   Apr  4,480   
   May  5,212   
   Jun  6,880   
      
   Jul  8,823     Jul  8,823   
   Aug 10,547     Aug 10,547   
   Sep 11,640     Sep 11,640   
   Oct 11,854     Oct 11,854   
   Nov 13,124     Nov 13,124   
   Dec 13,829     Dec 13,829   
   -------------------------------------   
       86,389         69,817   
      
   4. 20,000 were processed in the first 10 months. 70,000 more   
   in the next 6 months. That's 350% more permits processed in   
   the second half than the first half with still 6 months   
   worth of not-yet-processed applications still in the mail-   
   room.   
      
   5. The article also mentions that 30 new staff have been   
   added. It does not report the total staff. Other sources   
   have reported that there are now 70 staff. So 30 new staff   
   is 75% more to handle the 350% more permits being processed   
   which would explain continued delays of half a year. And   
   it's not going to get better.   
      
   6. On Mar 14 2018, having read about Turmel-Kit Plaintiffs   
   getting expedited processing through the courts, I filed a   
   Statement of Claim which had often sufficed to get hop to   
   it service within days for some Plaintiffs.   
      
   7. On Mar 22 2018, after 8 days with no action, I filed a   
   motion for Interim Remedy until my registration should be   
   processed.   
      
   8. On Mar 29 2018, the Crown filed a Response telling   
   Applicant to wait for the normal procedure.   
      
   9. On April 6, the Applicant's Reply was filed.   
      
   10. On Monday April 9, Judge Brown's decision was rendered   
   which Ordered that:   
   1. The Plaintiff's motion is dismissed without costs.   
   2. The Plaintiff is at liberty to reapply if his request is   
   not processed in a timely manner without justification."   
      
   11. The remaining problem was how to determine whether my   
   request has not processed in a timely manner without   
   justification. The 4-week processing standard set under the   
   MMAR is exceeded though the 8 weeks mentioned at the Health   
   Canada web site was not. So should I wait 8 weeks or the   
   expected 26 weeks?   
      
   12. On Wednesday April 11 2018, I received my registration   
   MCR#:108,389 by snail-mail which had been issued on Tuesday   
   April 3!   
      
   13. The Applicant spent time and resources on a Reply and   
   the Court spent time and resources on a decision while the   
   Defendant knew all along that the motion had been mooted 6   
   days earlier by issuance of the interim remedy sought.   
      
   14. Given no costs were awarded against Heidi Chartrand   
   after the Defendant had provided her with the remedy sought,   
   Respondent's odds of collecting costs from the losing party   
   herein were improved by not disclosing that the remedy had   
   already been delivered to the now-winning party.   
      
   15. The Defendant's Response said the Applicant's permit   
   would be processed according to the normal procedure but yet   
   it was then issued within days of the Response in under 8   
   weeks.   
      
   16. This Affidavit is made in support of a motion for an   
   Order:   
   A) censuring the Defendant for not disclosing that the   
   Motion for Interim Remedy dated Mar 22 2018 had been mooted   
   by the April 3 2018 issuance of the registration sought   
   before the Applicant's April 6 Reply was filed and the April   
   9 decision of the Court was rendered;   
   B) awarding punitive and other costs to the Applicant.   
      
   JCT: So, Wendy is going to have to explain why she let the   
   court waste its time on a motion that she knew was mooted.   
   And her only out is going to be to blame Michael McGuire who   
      
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