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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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