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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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