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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,428 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Crown has no cards, tries to sli    |
|    30 May 18 13:39:54    |
      From: johnturmel@gmail.com              https://groups.google.com/forum/#!topic/alt.fan.john-              turmel/sBTb35XzBDI       are the Written Representations in response to the Crown's       Motion to Strike. The tearing apart is quite bad. She got       caught in so many errors and misleading statements,       admitting and correcting them all would be an embarrassment.       For instance, she told the Court the S.56 Class Exemptions       changed from date doctor signed to date of issuance. Not       true. And in Kent Truman's case, she argues it clearly       states it does not apply to him.              https://groups.google.com/forum/#!topic/alt.fan.john-              turmel/7hPfPFL3D-w       Kent Truman was a victim of her lie. She even tells him that       it's clear that the S.56 exemptions do not apply to those       before March 22 but now argues the claims are settled by the       S.56 orders she argued elsewhere do not apply to him!              Think about that. She tells Kent that the S.56 Class       Exemption only applies to those after March 2, not to him,       while arguing all claims should be dismissed as mooted by       the S.56 Class Exemptions that applies to everyone. The S.56       mootens their need for relief in the main case but then does       not apply to him in the other! Har har har har har har har       har har har har har. And Kent's Reply got to point out the       details of how there was nothing in the S.56 orders that       applied to anyone since it did not strike down S.8.2b! Proof       positive the requirement in S.8.2b isn't gone when S,8.2b       has not been struck down.              Justice Brown had demanded in January that Health Canada       explain the back-dating in their Motion to Strike. Instead       of explaining, Crown Wendy Wright says some new S.56 Orders       solved everyone's problems so she doesn't have to explain       why Health Canada were short-changing the patients.              She tried to keep Cause of Action B out of their Motion       Record by substituting an outdated un-amended and unrelated       Statement of Claim without the back-dating Cause of Action       B for Lead Plaintiff Harris' Amended Statement of Claim that       she is challenging with both A and B. We objected and Judge       Brown ordered that she put in the Harris Amended claim and       that replace the out-dated claim with a more representative       claim containing Cause B and make any new arguments she       wanted.              By insisting that a claim with Cause B be included, Judge       Brown is still looking for an explanation for the short-       changing of the period. But in her supplementary Motion       Record, again, she ducks explaining:              May 23, 2018       VIA EMAIL              Allan J. Harris       Dear Sir:       Re: HARRIS, Allan v. Her Majesty the Queen (Turmel Kit)       Court File No.: T-1379-17              Please find enclosed the Attorney General of Canada's       Supplementary Motion Record served upon you in accordance       with the Direction of the Honourable Justice Brown dated May       16, 2018 and the Federal Courts Rules.              Mr. Justice Brown's May 16, 2018 Direction outlined that       Canada was to serve and file a supplementary motion record       including the Amended Statement of Claim in T-1379-18, dated       March 5, 2018 along with a copy of a representative       Statement of Claim that includes Remedy B regarding       renewals. Since there were two different versions of claims       which included the request for "Remedy B", I have included       an example of each in the Supplementary Motion Record: the       Statement of Claim in William Thomas Axtell v Her Majesty       the Queen, court file no T-l69-18, dated January 29,2018 and       the Statement of Claim in Charline Pelissier v Her Majesty       the Queen, court file no T-343-18, dated February 20, 2018.              I have amended Canada's Notice of Motion to reflect the       inclusion of the Amended Statement of Claim and the claims       in T-l69-18 and T-343-18. However, please note that I have       not made any amendments to my written representations on the       motion to strike, they stay the same as originally served       and filed. Yours truly, Wendy Wright Counsel              JCT: Though she had read Jeff's Reply shooting down her       cards, she had to stand pat on the same cards which we'd       already rebutted!              She had said she included the out-dated claim because it       showed that permits could be obtained in 6-8 weeks. It       actually said "6-8 weeks after expiry." So neither of the       included claims mentions it can be done in 6-8 weeks so you       have to wonder why they're being included at all if they       don't back up what she was using the outdated one to back       up.              And in May, there was only one version. Early on, both       Applications and Renewals had each their own template. By       May, they had both been combined into one template! But       she's not working with an updated May claim, is she? She's       working with again out-dated January and February ones.              There was the original Cause of Action A for a declaration       the delays due to short-staffing violated the right to life,       and damages in the value of the ungrown pot. (Later we added       the site rent and expenses lost.)       Then we added the short-changing of the permit period as       Cause of Action B and damages by restitution of the ripped-       off portion.              Got it? That's the case our 175 plaintiffs so far.       A) Short-staffing delays harmed me; want what's lost;       B) Back-dating harmed me, want restitution of time lost.              Jeff already pointed out the four extra amendments after his       first amendment adding Cause of Action B.              1) When the Crown pointed out we should have also claimed       the Rights to Liberty and Security, when Life didn't fit, so       later claims added them.              2) When the Crown was having a hard time understanding the       loss of value of pot not grown due to delay and mentioned       Harris had not sought any losses, so later claims added the       demand for lost site rent and expenses!              3) When the Crown argued correctly I had failed to state       which principles of fundamental justice were being violated       by the short-staffing, I hadn't known we had to not only       show the harm but why they should NOT be able to do it, with       lost of NOT principles of ACMPR S.8(2b) fundamental justice       to pick from.       Under the Quebec Charter of Rights, you prove that your       rights have been violated and they have to prove good       reason. Under the Canadian Charter, you have to prove your       rights have been violated but before they have to prove good       reason, you also have to say how they're harming you without       due process, in some way that's against the principles of       fundamental justice, "arbitrarily," "grossly       disproportionally," "conscience-shockingly." I added       "incompetently," and "malevolently" in later claims.       To say "this law is killing me" isn't enough, you have to       say "it's killing me in some unfair way." Of course, Quebec       is more efficient and I really never knew that we had to              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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