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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 10,479 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Crown won't return Luc Paquette    
   17 Oct 18 08:27:09   
   
   From: johnturmel@gmail.com   
      
   TURMEL: Crown won't return Luc Paquette eqpt after grow charge withdrawal   
      
   JCT: Luc Paquette was charged for Production and Possession   
   for the Purpose of Trafficking in the big Project Nouage   
   raid on over 2 dozen growers who were all selling to one   
   guy, making it a criminal organization, dropped lawyer   
   Michel Swanston who pleaded the others all guilty and filed   
   my self-defence kits and ended up with a discharge and no   
   criminal record.   
      
   When he elected a jury trial for his Production charge, the   
   Crown withdrew it so they could keep the trial for   
   Possession in lower court.   
      
   30 days after the close of his trial, he went to the police   
   to get his equipment back. When the Crown realised they had   
   not obtained a seizure order from the judge, they booked a   
   hearing this Friday Oct 19 to keep all the seized equipment.   
      
   I think he's going to win. The equipment was evidence for   
   the Production, not Possession charge. Once they withdrew   
   the Production charge, the equipment had nothing to do with   
   the Possession charge.   
      
   Let's say that he had nothing growing when he was busted so   
   they charged him with Possession but still seized his   
   equipment and his TV. Should they be allowed to keep stuff   
   that had nothing to with his charge?   
      
   He's going to argue that once they withdrew the Production   
   charge, the evidence was no longer relevant and there can be   
   no order to seize material unrelated to the charge. Har har   
   har har har har. Seems too funny.   
      
   Knowing that Luc has already appealed an earlier procedure,   
   do you think Judge Laflamme is going to give him a new   
   reason to appeal now? Bet not. Can't see him keeping the TV   
   that had nothing to do with the charge nor the equipment.   
      
   Seems like Luc's Crown has made a very bad bet. Can't wait   
   to hear their reasons for wanting to keep his TV.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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