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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,442 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Harris seeks Order McGuire verif    |
|    03 Jul 18 16:21:07    |
      From: johnturmel@gmail.com              JCT: Jeff Harris' medpot application was stalled because of       a missing signature Health Canada didn't bother telling him       they were waiting for him to send in none of the staffers in       his 7 calls told him until after he had taken them to       Federal Court for delay.              "We're still waiting for the signature" Mr. Michael McGuire       affirmed to the Court on Thursday Jun 7:        1. I am employed as the Director of the Office of        Medical Access (OMA) in the Cannabis Legalisation and        Regulation Branch at Health Canada. My duties include,        among other things, overseeing the team responsible for        registering individuals who wish to produce a limited        amount of cannabis for their own medical purposes or        designate someone to produce it for them in accordance        with the Access to Cannabis for Medical Purposes        Regulations (ACMPR).              On Monday Jun 11, Jeff informed the Court that he had sent       in the requested signature and his application was complete.              How long should it take to verify that the empty box was       now signed? Upon opening it perhaps?              After a week with Jeff's completed form in McGuire's       possession, Judge Brown demanded an update on the completed       form and gave him a week to verify the box was signed.              On Jun 27, the Crown updated the Court that McGuire hadn't       gotten around to it yet and was currently being processed!              Imagine, he's sitting on it not being processed and he has       the gall to tell the judge there is no update, he can verify       the last box whenever he wants and no judge is going to push       him with any deadline!              No kidding. We know McGuire has withheld permits long enough       to force Judge Brown to rule on motions that had been mooted       by the permits he didn't tell us about. Twice. This could be       a third we'll know when Jeff gets it and we see Issue date.              But I was afraid they'd mail it out right after Judge       Brown's decision on the very same day. He did that.              So Judge Brown had to dismiss Jeff's motion for a permit out       of his incompleted application and hope that McGuire will       then open Jeff's file and verify the box was signed to       complete the processing, the same day by snail-mail like       last time!!              Of course, Judge Brown isn't stupid, he knows McGuire only       has to verify whether a box is signed and basically told him       to go shove his 7-day deadline to do something to trivial       where the sun don't shine. And McGuire would get away with       acting like an ignorant dunce to win his point.              He's not dealing with a judge looking for revenge, he's       dealing with me. So I've decided to give him a chance to       explain to Judge Brown why taking 3 weeks to check whether a       box is signed is the height of incompetence.              If only McGuire could have gotten Jeff's exemption to him       before I can do something. But Justice Brown's Order came by       email on Friday the 29th. If McGuire mailed it out the       same day, Jeff would be receiving it before he could file       something...              Except, Judge Brown is allowing us to use email so Jeff can       file a motion 5:30am BC time for 8:30am Ottawa time before       his permit can be delivered.              And then the Crown can argue it's mooted in a response       she's going to have to write trying to ignore McGuire's       incompetence. Imagine, taking over 3 weeks to verify if a b       box has been signed. Not quite a good example of an efficient       administrator being so overwhelmed with checking a box.       We'll be able to laugh at him for not being to check a box       in 3 weeks. Bemoaning the state of the bureaucracy and       perhaps lowered hiring standards. He's as Director!              Should be able to make some good jokes about Director       McGuire's incompetence.              So here's the motion Jeff filed this morning putting the       asshole on the spot. Stalling people's meds should be a       jailable offence.              File No: T-881-18        FEDERAL COURT       Between:        Allan J. Harris        Plaintiff        AND        Her Majesty The Queen        Defendant        NOTICE OF MOTION              TAKE NOTICE THAT on July 3 2018, at a time set by the Court,       the Applicant will make a motion on short to the Court       notice by teleconference, with leave of the judge if       necessary.              THE MOTION IS FOR              A) an Order granting Applicant an Order of Mandamus that       Health Canada immediately verify whether the last box on the       Plaintiff's form has been signed and complete the processing       procedure forthwith;              B) an Order dispensing with an affidavit of facts already       known to the Court;              C) any further Order abridging the time or mode of service       or amending any error or omission which this Honourable       Court may allow.              THE GROUNDS FOR THE MOTION ARE that making the Court wait       while it takes 3 weeks to verify the last datum on a form       for medical treatment sitting on Mr. Michael McGuires desk       that could have been verified on the day it was received is       unconscionably incompetent and/or contemptuous.              NO NEW DOCUMENTARY EVIDENCE will be used.       Dated at Burnaby on July 3 2018.       __________________________________       Allan J. Harris, Plaintiff               APPLICANTS WRITTEN REPRESENTATIONS       FACTS:              1. On Mar 7 2018, I submitted my application to amend my       ACMPR Registration but failed to have the "Responsible       Individual" box on the form signed.              2. On May 22 2018, having been out of production while my       amendment had not been registered, I filed a motion for       interim relief.              3. On Jun 7, after 3 months now, the Crown Response       indicated Health Canada was awaiting that last signature box       to be completed. Not as bad as the case of Donald Cote where       he was told his chiropractor wasn't qualified to sign after       8 months.              4. On Jun 11, paragraph 8 of my Motion Reply informed the       Court I had submitted my completed application form with the       last box signed:        8. Though the Applicant was content to have his        application processed without a Responsible Person, on        June 10, he did submit the required signature by        Priority Post.              5. With the last thing to do being to check one signature       box, I expected it to be verified as signed upon being       received. The Defendant would then have advised the court       that with a completed application, the permit was issued so       the motion could be mooted with no need for the court to       rule, like most of the other motions for similar relief.              6. But no, the completed application was not being processed       but sat on Michael McGuire's desk for a week without the       last signature box being verified as completed.                     [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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