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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 10,434 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Crown False Response and Harris    
   11 Jun 18 14:50:52   
   
   From: johnturmel@gmail.com   
      
   JCT: Jeff Harris had waited 9 weeks before filing a Statement   
   of Claim and 2 more weeks before filing his Motion to get a   
   Registration change. Here's the Crown response filed last   
   June 7 and his Reply he filed today.   
      
   First is the actual affidavit of Health Canada's Michael   
   McGuire. He's the guy who perjured himself telling the court   
   that the S.56 Class Exemptions were from S.8.2b requiring   
   that the period of permit start when the doctor signed had   
   been changed to the date of issuance when it wasn't so.   
   Looks like he's been caught lying again, just not so big.   
      
                       AFFIDAVIT OF MICHAEL MCGUIRE   
      
       7. On June 6, 2018, I reviewed the electronic database   
       for entries related to Allan J. Harris and located the   
       following information and documents:   
      
       a) On February 9, 2018, Health Canada issued Allan J.   
       Harris a Registration Certificate with an expiry date of   
       December 14, 2018 pursuant to the ACMPR. Attached as   
       Exhibit "A" is a copy of the Registration Certificate.   
      
       b) On March 7, 2018, Health Canada received an   
       application from Mr. Harris.   
      
       c) On March 23, 2018, Health Canada spoke with Mr.   
       Harris and confirmed that the application was received   
       March 7, 2018 and that it was still in processing.   
      
       d) On March 27, 2018, Health Canada spoke with Mr.   
       Harris regarding his application. Health Canada advised   
       Mr. Harris that his responsible individual (his wife)   
       had not signed the responsible individual section of the   
       application. Mr. Harris advised that he would send in an   
       amendment.   
      
   JCT: The lady staffer told him he could apply without a   
   Responsible Person and he agreed. So he did not advise he   
   would send in amendment he'd been told he did not need!   
      
       e) Between April 9, 2018 and to May 31 , 2018, Mr.   
       Harris called Health Canada seven times to inquire about   
       the status of his application. Each time he was advised   
       that it was not possible to estimate how long it would   
       take to process his application.   
      
       f) Health Canada never received the amendment Mr. Harris   
       spoke about in the call on March 27, 2018.   
      
       g) On June 1, 2018, Health Canada sent a letter pursuant   
       to section 11 of the ACMPR to Mr. Harris, regarding the   
       missing signature of the responsible individual. The   
       letter reminded Mr. Harris that he had advised Health   
       Canada on March 27, 2018, that an amended application   
       would be sent and that the amended application had not   
       been received. Attached as Exhibit "A" is a copy of the   
       letter pursuant to section 11.   
      
       h) Health Canada does not have a complete application   
       from Allan J. Harris to process.   
      
   JCT: Counsel Wendy Wright added some extra error:   
                     RESPONSE WRITTEN REPRESENTATIONS   
               OF HER MAJESTY THE QUEEN IN RIGHT OF CANADA   
      
       PART I - OVERVIEW   
      
       1... the plaintiff has failed to provide Health Canada   
       with the information necessary to process his   
       application.   
      
       PART II- STATEMENT OF FACTS   
      
       4. While reviewing the new application, Health Canada   
       determined Mr. Harris' wife-who was listed as the   
       Responsible Individual on Mr. Harris' application-had   
       not signed the "Responsible Individual" section of the   
       application.   
      
   JCT: They didn't find out his wife hadn't signed while   
   reviewing the application.   
      
       5. On March 27, 2018, Health Canada contacted Mr. Harris   
       by telephone to advise him that his Responsible   
       Individual on his application had not signed the   
       Responsible Individual section of his application.   
      
   JCT: Jeff had called them on Mar 27 to tell them he'd   
   noticed it wasn't signed.   
      
       During this call, Mr. Harris advised Health Canada he   
       would sent an amendment to Health Canada which would   
       include the missing signature. 2   
      
   JCT: The lady clerk had told him it would be processed   
   without a Responsible Person and he agreed. So he did not   
   advise he was sending an amendment. They have the audio of   
   the calls to check.   
      
       6. Between April 9, 2018 and May 31, 2018, Mr. Harris   
       called Health Canada seven (7) times to inquire about   
       the status of his application. Each time he was advised   
       that it was not possible to estimate how long it would   
       take to process his application. 3   
      
   JCT: Now why would he be checking the status of his   
   application if he'd promised to send an amendment to   
   complete it and he had not. The status calls prove he did   
   not advise he was sending an amendment, don't they?   
      
       10. Health Canada never received the amendment Mr.   
       Harris spoke about in the call on March 27, 2018.   
       11. Therefore on June 1, 2018, Health Canada issued a   
       section 11 letter to Mr. Harris regarding the missing   
       signature of his Responsible Individual. This letter   
       reminded Mr. Harris that he had told Health Canada   
       during the March 27, 2018 call that he would be sending   
       an amendment to Health Canada that would include the   
       signature of his Responsible Individual. 6   
       12. To date, Mr. Harris has not provided Health Canada   
       with the signature of his Responsible Individual and   
       Health Canada is unable to process his application. 7   
      
   JCT: So that's the issue. They say they're waiting for his   
   amendment though it wasn't on his computer record because   
   no one told him during the 7 status calls that it was   
   incomplete! Why would he keep calling if someone had?   
      
       25. Health Canada informed the plaintiff that it   
       requires the signature of his Responsible Person this   
       information in order to process his application.   
       However, the plaintiff has not provided the   
       clarification to Health Canada.   
      
   JCT: So Jeff filed this response this morning.   
      
                                           File No: T-881-18   
                          FEDERAL COURT   
   Between:   
                         Allan J. Harris   
                                                Plaintiff   
                               AND   
                      Her Majesty The Queen   
                                                Defendant   
                        APPLICANT'S REPLY   
      
   1. Mr. Harris is inscribed as Responsible Person for his   
   wife and she is inscribed as his Responsible Person  so they   
   discuss each other's files without violating the law.   
      
   2. The Defendant's Affidavit of Michael McGuire in Response   
   stated:   
      
       7..b) On March 7, 2018, Health Canada received an   
       application from Mr. Harris.   
      
       d) On March 27, 2018, Health Canada spoke with Mr.   
       Harris regarding his application. Health Canada advised   
      
   [continued in next message]   
      
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