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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,465 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Steve Vetricek MedPot Permit Mot    |
|    28 Aug 18 15:25:36    |
      From: johnturmel@gmail.com              TURMEL: Steve Vetricek MedPot Permit Motion mooted by 23-day delivery              JCT: Background:       Steve Vetricek Motion for MedPot Permit after a year!       https://groups.google.com/forum/#!topic/alt.fan.john-turmel/yAN0TkqUc78              JCT: Steve applied lost his DG after waiting for his       registration in Oct 2017 months and had to submit an       amendment in May upon losing his DG after 7 months of       waiting. After 9 months, in July, he filed a Statement of       Claim and then a Motion to see the judge for an interim       permit until his permit is processed.              Steve Vetricek Motion accepted with Metadata Service       https://groups.google.com/forum/#!topic/alt.fan.john-turmel/iNu1Dz89Gmo              JCT: The judge gave the Crown until Aug 27 to file their       Response explaining why he hadn't been processed in 9       months. Steve has a week to Reply.       Wendy Wright       Department of Justice              August 27 2018              VIA INTEROFFICE POUCH              The Honourable Justice Brown              Dear Justice Brown:              Re: Steve Vetricek v. HMTQ T-1371-18              WW: Further to the Direction of the Court dated August 21       2018, please accept the following as the response of the       defendant to the plaintiff's motion for interim relief.              The plaintiff requests a "personal constitutional exemption"       from the CDSA pending the outcome of his application for       registration to produce cannabis for his personal medical       use, as well as an order in the nature of mandamus for       Health Canada to grant his application.              JCT: Again, she mis-states the request for something the       Court cannot do instead of what the court can do. We asked       to order "Health Canada to immediately do its duty by       processing" his application. The Court may mandate that HC       process the application, a duty, but cannot mandate it grant       the application. She's mis-stated this corruption of the       motion many times but if she wants to keep repeating it,       we'll get to keep correcting her corruption of the true       request. Har har har har har har.              WW: As detailed in the enclosed Affidavit of Michael       McGuire, the plaintiff's initial application was received by       Health Canada in July 31 2018. On August 22, 2018, Health       Canada granted the application. The plaintiff is thus       currently authorized to produce cannabis for his personal       medical use. Copies of the documents confirming this renewal       have been sent to the plaintiff by Canada Post Xpresspost.       The plaintiff's motion is accordingly moot.              JCT: So, they say they got his application on July 31 2018       though he filed his Statement of Claim July 18 about his       permit he mailed in last October. And they granted his       registration on Aug 22 s,a mere 23 days after getting it!       What's going on?              WW: On Friday of last week, I wrote to advise the plaintiff       that his registration has now been issued and to request       that he abandon his motion.       Yours truly, Wendy Wright              JCT: And he did not abandon his motion and she had to file       this response explaining to the judge how they hopped to it       to get him his permit in 23 days. Here's the attached       affidavit:        AFFIDAVIT OF MICHAEL MCGUIRE              7. I am informed Jennifer Tolgyesy, Program Officer of the       PRC, and do verily believe, that on August 22 2018, she       reviewed the electronic database for entries related to       Steve Vetricek and provided the following information and       documents:       a) On July 31st 2018, Health Canada received a revised       application from Steve Vetricek.       b) On Aug 22nd, 2018, Health Canada issued the registration       certificate to Steve Vetricek.              JCT: Great work. But there's something they didn't want to       tell the judge. It was actually 10 months since last       October. How can they boast 23 days to process his revised       application.              You'd think the revised application was the one with       amendment for the Designated Grower gone but it's not. There       was another revised application that had to be sent in.              After the Claim and Motion were filed, they informed him       that his original October application had an incomplete box.       So he rushed in the revision which got to them on July 31.       So they're talking about the period of 23 from when he       submitted a completed application and ignored the period of       9 months to tell him he had an omission. After regular       status calls with no information, 9 months later they tell       him he missed a box! Then it took 23 more days!              So now Steve gets to Reply to mention how he was hoping they       would have explained what took so long but since they only       started the report after he sent his amended form, guess       they wanted to leave out the 9 months while they did       nothing.              So accept that the motion has been mooted by delivery of his       permit but also let the judge note that his claim for cash       because of the 8-month extra delay from the 4-week process       he'd have gotten under the MMAR is worth of a lot of pot not       grown.              Simple, right. If they'd processed his original in under a       month, he'd have fixed it and would then have gotten it in 2       months rather than 10 months. So he's owed 8 months for the       delay in informing him he needed to fix something.              What's a gram per day for 240 days at LP prices worth?       $2,400? Now multiply by your dosage.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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