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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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