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

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   Message 10,441 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Wendy Wright misled Judge Brown    
   04 Jul 18 16:32:28   
   
   From: johnturmel@gmail.com   
      
   JCT: In my last post, I noted that I had gamblers' read   
   sensation that Michael McGuire, the Director of the Office of   
   Medical Access (OMA) in the Cannabis Legalisation and   
   Regulation Branch at Health Canada, was holding off   
   verifying the last box to complete the process on Jeff   
   Harris' permit until after Judge Brown's decision. The judge   
   wanted McGuire to complete the process to mooten the need   
   for a court decision.   
      
   McGuire would have to mail out Jeff's permit right after the   
   judge was forced to dismiss the claim for a permit based on   
   an incomplete application that was missing one signature.   
   Judge Brown emailed out the decision on Friday afternoon   
   June 29 2018.   
      
   Twice before, McGuire let Judge Brown make a ruling without   
   informing him the permit had been issued and the remedy   
   claimed was mooted by its delivery. Twice. This could be a   
   third time he did not not inform Judge Brown that he no   
   longer had to write a judgment since the issue was mooted.   
      
   And I didn't want to let OMA Director McGuire get away if he   
   was playing his cards as I read him.   
      
   To get the demand onto the judge's desk for an Order   
   mandating that Jeff's completed application be verified   
   immediately rather than sit some more on Director McGuire's   
   desk, (Once he had taken over Jeff's file, where else was   
   the file stored?) and that this permit be immediately   
   processed, he needed to have not received his permit yet! If   
   he got it, he'd have no excuse to be still asking the court   
   for his remedy now delivered.   
      
   But Director McGuire had to snail-mail it out on Friday   
   night after the afternoon decision and it wouldn't be   
   delivered until Tuesday afternoon after Canada Day.   
      
   So Jeff had to get his motion filed right after the long   
   weekend and before his mail arrived! He emailled it at   
   5:30am BC time arriving at opening time 8:30am in Ottawa. So   
   his motion demanding the last box be checked was filed while   
   he didn't yet have it in case it arrived later that day by   
   snail-mail. My last post details Jeff's demand that OMA   
   Director McGuire verify that the last box is signed.   
      
   And sure enough, when Jeff got home that evening, his permit   
   had arrived in the mail!! If we'd waited just one day, he   
   would have received it and would not have been able to get   
   his complaint about sitting on McGuire's desk for 2 weeks on   
   the court record. Filing for   
   already-mooted remedy would have made us look stupid just as   
   filing fastest for not-yet mooted remedy before the "on the   
   way remedy got delivered" was smart!   
      
   Now the real fun part. Jeff's permit was issued on Tuesday   
   Jun 26! 3 days before the judge 's decision and the day   
   before Wendy Wright filed her update to the judge telling   
   him it was still currently being processed the day after it   
   was no longer being processed.   
      
   Imagine, Wendy Wright's update didn't inform the court that   
   the permit had been issued the day before! They had 3 days   
   to tell him he didn't have to do the work that had been   
   mooted but did not.   
      
   Har har har. Wendy told the Court a whopper that made him   
   write a wasted judgment he shouldn't have had to write.   
   Even after he had prodded her for the update, to avoid   
   having to write on an ugly miscommunication. Had she told   
   him the truth, "It was issued yesterday," he would have   
   never had to do all that needless work on an already-issued   
   permit. Imagine, this is the third time they didn't tell the   
   judge a permit had been issued to mooten his workload. What   
   a catch.   
      
   Best, Judge Brown's email was sent Friday June 29 at 12:30   
   afternoon and the Canada Post tracking number says McGuire   
   snail-mailed it out Friday night at 7:00pm after regular   
   hours.   
      
   With the motion dismissed and the file closed, Judge Brown   
   would never have found out about being misled to believe it   
   was still being processed when it had already been   
   processed. But Jeff filing a brand new motion brings that   
   issue now to the fore.   
      
   A) Originally, Why did the verification of the last box take   
   2 weeks sitting on OMA Director McGuire 's desk?   
      
   B) Newly, Why did the permit sit on OMA Director McGuire's   
   desk 3 days before getting to Canada Post on Friday night?   
      
   And now she has to file a Response to Jeff's new Quick-Draw   
   motion explaining it is now mooted by the delivery of his   
   permit issued 3 days before the judge's decision! She gets   
   to to explain why her update wasn't true!   
      
   Har har har har har har har har har.   
      
   And if she ducks any explanation saying the issue is now   
   mooted, Jeff gets a Reply where he points out that her   
   update was false and raise the 3-day delay getting it off   
   the Director's desk to the mail-room.   
      
   If we'd waited just 1 day, we wouldn't be having this fun   
   with the Director of the Office of Medical Access (OMA) in   
   the Cannabis Legalisation and Regulation Branch at Health   
   Canada!! Would we?   
      
   They thought they'd pull a sneaky move. Not smart trying the   
   same sneaky move 3 times on the same guy. Especially not on   
   the Great Canadian Gambler who read them like a book all the   
   way and raised them into an impossible fix.   
      
   Caught the sumbitch jerking around a judge (withholding   
   relevant information may not be so smart) and managed to get   
   it into the official judicial archives for posterity.   
      
   Har har har har har har har har har.   
      
   What a soap opera.   
      
   I'm just really glad Judge Brown triggered the completion so   
   quickly after OMA Director McGuire told him he'd get to   
   verifying the last box on the form when he got around to it.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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