From: johnturmel@gmail.com
JCT: On July 17, 2017 Steve Vetricek received a medical
document that cost him $2,000 plus HST.
On July 18, 2018, he filed a Statement of Claim for damages
due to delay in registering his medpot permit application.
Steve had a lot of problem with serving the motion. Unlike
other who emailed copies to Wendy and then to Colinne.Martin
Registry Officer in charge of the Turmel-Kit claims
requesting that Judge Brown authorize the metadata from the
email be accepted as proof of service on the Crown,
she told him to go to the federal court e-filing site and
add a document Motion Record PDF, then add a document
"Acknowledgment of Service" PDF with the email metadata with
"Subject:" "To:" "From:" "Date:," then add a document
"Letter" PDF asking for a Direction from the judge.
Steve did that on Friday.
-----Original Message-----
From: no-reply-test@cas-satj.gc.ca
Sent: July 27, 2018 1:01 PM
To: steve@drfeelgood.ca
Subject: Filing ID: CAS.2018-110-040526-00.1
Filing ID: CAS.2018-110-040526-00
Status: Accepted
Filing Date: 2018-07-27
CourtNo: T-1371-18
Style of Cause: STEVE VETRICEK v. HER MAJESTY THE QUEEN
Nature of Proceeding: (A27) Others - Crown (v. Queen)
[Actions]
Type of Action: Ordinary
Document Type: MOTION RECORD
Received: deln1vet.pdf
Registry Officer: Yoginder Gulia
-------------------------------
So here's his Motion:
File No: T-1371-18
FEDERAL COURT
BETWEEN:
Steve Vetricek
Applicant
and
HER MAJESTY THE QUEEN
Respondent
NOTICE OF MOTION
TAKE NOTICE THAT on a date and time set by the Case
Management Judge Brown, the Applicant will make a motion by
teleconference to the Court, with leave of the judge to lift
any stay or on short notice if necessary.
THE MOTION IS FOR an Order granting Applicant interim relief
1) a personal constitutional exemption to start growing
marijuana pursuant to the conditions in the application
until the Health Canada delivers the needed Registration,
or, in the alternative,
2) an Order of Mandamus that Health Canada immediately do
its duty by processing the requisite Registration.
THE GROUNDS FOR THE MOTION ARE that under the Harper MMAR,
the time to process an application to produce marijuana was
touted before this Court by Dr. Stephane Lessard, Controlled
Substances and Tobacco Directorate, as "done in under 4
weeks, and renewals, far less." Under the ACMPR, with only
production Registrations to deal with, I have been waiting 9
months since last October 2017.
THE FOLLOWING DOCUMENTARY EVIDENCE will be used: Applicant's
Affidavit and any other material this court will allow.
Dated at Picton on July 23 2018.
For the Applicant:
Steve Vetricek
APPLICANT'S AFFIDAVIT
I, Steve Vetricek, make oath as follows:
1. On July 17, 2017 I received my medical document from my
doctor who works at a private clinic. I paid $2,000 plus HST
for the private clinic appointment.
2. In October 2017, after 3 months finding a Designated
Individual to grow for me, I submitted my application for
registration to Health Canada.
3. In early 2018, I started calling Health Canada about the
status of my application. On each occasion, they refused to
give me any time-frame for completion.
4. I asked if I had completed all forms properly or if there
was anything missing. The response was "it seems to be okay
but if we find something not clear, we will mail you
directly." I explained that application has been with them
since October last year and was hoping they could provide
some reason for the delay in processing. They replied again
with they cannot give me any time-frame except for me to
call back every few weeks.
5. In May 2018, my Designated Individual was getting upset
about the 7-month delay and I gave up on the designated
grower path. The delay almost resulted in a financial claim
against me from the DG for monies lost from rented space.
6. With my first medical document expiring in July 2018, I
got another medical document at a cost of another $1,000 and
submitted another application to grow for myself. After such
an
incredibly long processing time, I thought my application
would get processed within a reasonable time-frame.
7. After more calls since June as to the status of my
application, I was repeatedly told to call back in a few
weeks "to check for an update" and was never offered any
idea of a completion date.
8. After hearing about others who had had their applications
speeded up by filing a Turmel Kit Statement of Claim, I too
filed hoping to speed up the process as others had. I
hope to resolve this as soon as possible.
9. It is now 9 months since I first applied in October.
_____________________________________
Steve Vetricek
JCT: Over a year since he got his medical document on July
17, 2017!! Took 3 months to set up a grower site! Over a
year before he can first plant his medicine!
Nice to get a Health Canada 9-month delay and still not
processed Registration on Judge Brown's desk. Unless they
now send a S.11 letter objecting to the originality of the
signatures or demand that he verify there aren't more than 4
growers at his site first. They just haven't figured out how
to check their own database to find out.
And once you've cleared the first hurdle of finding a doctor
who will sign, then you go rent your site and find your
grower. Not before. So it took him 3 months to get it set
up. Wonder if that is a standard period lost, time from when
the doctor signed to when the application is submitted.
We would have ended up needing 4 dates from the permit to
show the rip-off. Expiry date was a year after the doctor
signed. That's two. And Issuance Date is on the permit,
that's three, missing only the date submitted. And luckily,
the Statement of Claim does include the date it was
submitted!! So the claim establishes 1) Expiry, 2) Doctor
Signed, 3) Issuance and 4) Submitted, all four periods
completely!!
Anyway, Steve will now get his full term but if Health
Canada hadn't ordered their programmer to ignore S.8 of the
ACMPR to start the period when the doctor signed for those
after March 2, his medical document would have run out
before being issued. Like Igor Mozajko's 6-month medical
document ran out before being processed. Except this would
have been more than a year deducted from a year!
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