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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,455 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Luc Paquette guilty, may get abs    |
|    31 Jul 18 18:15:00    |
      From: johnturmel@gmail.com              JCT: If you go back over the Paquette stories at       https://groups.google.com/forum/#!forum/alt.fan.john-turmel       you'll find that he was busted in the big "Nouages" Criminal       Enterprise bust of a couple of dozen growers all selling to       one guy (making it organizad crime, Organized Gardening!              The others went with lawyers and ended up convicted and       doing time. He decided to use my forms to self-defend.              The Crown reduced his charges to avoid him having a jury       trial and so he was in lower Provincial Court before Judge       Laflamme.              Judge Laflamme had previously dismissed his Quash Motion and       today started with his Constitutional Motion.              A second Crown had come from Montreal to complain that they       had only received a Notice of Constitutional Question like       that sent to all the other provincial Attorneys-General and       that Quebec should have been served the whole motion by a       bailiff.              The judge agreed that the motion was improper and dismissed       it. No problem, Tim McConnell's trial is coming up and we'll       do it the way they want it done, even pay the bailiff. So       the Constitutional Mernagh Plus Why challenge will still get       presented. Next time.              So they went to trial. There half a dozen police witnesses       who were going to tell their little story about what they       saw but after the lead investigator had told his story, Luc       told the judge that he admitted everything.              Judge Laflamme was pleasantly surprised. He said you admit       you have 174 plants? Yes. You admit you had 260 grams of       pot? Yes. You admit you had 19 grams of hash? Yes. You admit       it was your place? Yes. So, we don't need any more       witnesses. Prosecution closed. What about your defence? I       have none, no defence to present. Okay, Defence closed. Back       after break for arguments.              Back after break, lady Crown Daoust said the evidence is he       broke the law, nothing more to day. Luc said: I have nothing       more to say either except that I'm not arguing the facts,       I'm planning an appeal on the law.              Fine. Judge Laflamme said he had to find him guilty. I had       always told Luc that he should take a plea if he can get       away with a punishment without a criminal record.              Ms. Daoust had been nice enough to mention that he was one       of the smaller growers in the group and didn't push for jail       too much though she did mention maybe 90 days. And she       mentioned that now that his charges had been reduced, he was       eligible for an absolute discharge if he can show that a       criminal record would significantly harm him.              He explained that he's as crane operator who works on       government and he needed clearances for it. So the judge       told him to come back on Sept 10 with proof of his past       clearances to show that a record would cause harm. Sure.       The judge asked if he'd accept to contribute something to       charity as a penalty. He said sure: A thousand dollars!              And he wouldn't even have to appeal to avoid the criminal       record. So it looks like it should be a happy ending.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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