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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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