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

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   Message 10,489 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Gary Pallister files Quash in Co   
   14 Nov 18 06:19:11   
   
   From: johnturmel@gmail.com   
      
   TURMEL: Gary Pallister files Quash in Collingwood   
      
   JCT: In 2010, Gary Pallister fought off some marijuana   
   charges with my kits and got a sweet deal for Production and   
   Possession for the Purpose of Trafficking and they let   
   his wife, son, and girl-friend go. Originally, they wanted 5   
   years but they accepted 6 months house arrest.   
      
   He was also was one of the Appellants at the Magnificent   
   Seven in the Ontario Court of Appeal in 2012 trying to cite   
   the Crown for contempt of court. Kevin Wilson who had done   
   the Parker and Hitzig hearings was his Crown!   
      
   He was recently charged again with 314 unrooted clones, 16   
   rooted plants, a few jars of cannabis tinctures, topicals   
   and edibles and was charged under S.7(1) Production, Section   
   5(1)  Trafficking, (he admitted providing it to patients)   
   and S.4(1) Possession. They're only asking for 4 years this   
   time.   
      
   Tuesday he was in court, served the Crown and handed in his   
   Quash Motion. The judge slated a Feb 4 Pre-Trial to organize   
   Case Management to plan his hearings. He's going to push for   
   Quash first. Is the law alive before dealing with anything   
   else?   
      
   After the Quash, they'll slate a Preliminary Inquiry since   
   he's facing possible mandatory minimum sentence and the   
   standard procedures will apply.   
      
   Gary wrote:   
       Well John, i asked to serve the judge with Original   
       forms n had copies for Crown also.   
       Legal Aid said i needed a lawyer,and after i explained i   
       didnt that i had done before,she said "I'll just   
       Introduce you to the court n you talk. i said Thank you.   
       After we were done talking she told me i was well   
       prepared :)   
      
   JCT: There was a big write up in the Meaford Independent:   
      
   Cannabis Might Now be Legal, But the Fight Continues for Meaford Man   
   Published: Tuesday, 13 November 2018   
   Written by Stephen Vance, Staff   
      
   After nearly two decades of legalized use for medical   
   purposes, Canada officially legalized recreational use and   
   possession of cannabis last month, becoming just the second   
   country in the world to fully legalize the plant, but that   
   doesn't mean legal troubles for all are a thing of the past,   
   as Meaford resident Gary Pallister knows all too well.   
      
   Pallister, 62, returns to court this week in an ongoing   
   legal battle stemming from a traffic stop turned drug bust   
   that took place in Collingwood on February 4 of this year.   
      
   At about 11:30 a.m. on February 4, Collingwood OPP stopped   
   Pallister for speeding on Highway 26. During the traffic   
   stop, the officer noticed a number of cannabis plants in the   
   back seat of Pallister's car. After a search of the vehicle,   
   officers discovered 314 unrooted clones, along with 16 two-   
   foot potted plants, all of which Pallister says were   
   destined for patients. The OPP also found a quantity of   
   rosin cannabis extract in Pallister's vehicle. As a result,   
   he was charged with possession of cannabis (more than 30   
   grams), possession of a controlled substance for the purpose   
   of trafficking, and producing a controlled substance.   
      
   Initially Pallister hired a lawyer to represent him in   
   court, but after having spent $5,000 his funds were   
   depleted, and he has chosen to move forward by representing   
   himself beginning with a November 13 court date in   
   Collingwood.   
      
   Pallister told The Independent that the Crown is seeking a   
   four year prison term, but he is determined to win his case.   
      
   "The officer didn't (initially) search my car. He asked me   
   what was in the car, and I told him," Pallister explained.   
   "I told him I was a gatherer, and that I was taking all this   
   material to a workshop we had coming up on the Saturday."   
      
   Pallister said that the 314 unrooted clones, which could   
   have fit into a couple of shoe boxes, were intended to be   
   given away for free to attendees of the workshop, which had   
   been drawing up to 100 people per session, so that attendees   
   could be ready to grow their own plants at home, under   
   Canada's then upcoming legalization, allowing Canadians to   
   grow four plants for personal use.   
      
   "I was anticipating on making a lot of people very happy   
   because they were all to have been given away free," said   
   Pallister. "I was trying to get everybody ready for the   
   summer."   
      
   Pallister has been fighting the charges since his first   
   court date in March, and now that he is representing   
   himself, he's been busy preparing for upcoming court dates.   
      
   "I hired my lawyer from Collingwood, and when we reached   
   $5,000, I asked him how much he thought it was going to cost   
   me, and he couldn't give me an answer, and I was quite   
   perturbed," Pallister explained. "So I said okay, I have no   
   more money, I have to self-defend."   
      
   At the core of Pallister's defence is that people's lives   
   are more important than what he says are unjust laws.   
      
   JCT: At the core of his defence is that the unjust laws are   
   dead or should be because if not, he's guilty.   
      
   "They're still trying to demonize cannabis, and if everybody   
   would open their eyes and realize what Big Brother's trying   
   to do; they're still trying to control us with the fear-   
   mongering," Pallister suggested. "Well, the fear-mongering   
   is over with me, now I'm fear-mongering back. Hey, we're   
   dealing with people that are 60 to 90 years old, I'm not   
   playing in the street."   
      
   Pallister says that not only have Canada's previous cannabis   
   laws been unjust, they violated Canadians' rights. But   
   Pallister goes one step further, pointing to the Bible,   
   which in the book of Genesis says that God gave all of the   
   plants and seeds for humans to use.   
      
   Pallister acknowledges that by having the unrooted clones   
   and other items in his vehicle, he was violating the law as   
   it stood at the time of his arrest, and even post-   
   legalization, he would still have been in contravention of   
   the law.   
      
   "Lives over laws!" Pallister responded when asked about   
   this. "That's how I respond to that."   
      
   He became emotional when discussing some of the patients   
   that he has helped, including children with seizures and   
   adults with cancer.   
      
   While Pallister is fighting against what he considers to be   
   unjust laws, he is frustrated seeing former police officers   
   and politicians, who for decades fought against cannabis   
   use, and who created and enforced laws that put cannabis   
   users in prison, now jumping into the newly legalized   
   cannabis market.   
      
   "Let's make it perfectly clear. The fat white cats have done   
   exactly what the skinny white kid from Quebec (Prime   
   Minister Trudeau) did, right in front of us, they've   
   bamboozled us. They've made our cannabis illegal in order to   
   monopolize theirs. They can all go to Hell. I will fight   
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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