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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,637 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Dominic Gravel Last MedPot charg    |
|    25 Mar 21 20:19:18    |
      From: johnturmel@gmail.com              TURMEL: Dominic Gravel Last MedPot charge of old CDSA era              JCT: Update on the Dominic Gravel production and possession       charges:              1) Dominic had a permit to grow indoors. But when his       landlord needed the space, he offered to let him put his       plants outside. So Dominic moved his plants outside.              His outside grow was reported to the police who came and not       hearing from Health Canada that they were legal took them       down. This was a few weeks before Trudeau's new Cannabis Act       and Regulations regime came in. So his pot was seized under       the old CDSA prohibitions and ACMPR exemption regime.              A year and half later, he got a summons in the mail for       charges of production and possession.              The production charge lets him have a jury trial because       he's facing a life sentence! Indoor legal, outdoor, life       sentence!              He had a hearing on Dec 10 in Campbell's Bay on the charge       of growing outdoor plants with an indoor permit. The judge       was from Gatineau, Anouk Desaulniers, who had been the Crown       Attorney back in 2005 who had put Ray in jail! Where he met       Dominic! Who was now before her.              When he explained that was was going to refuse to answer and       remain mute until he's in front of his jury, the Crown had       no clue what was going on but Judge Desaulniers did. She'd       seen or heard of it from previous Gatineau cases. She said:       "It's about the law being abrogated." So she pleasantly sent       him on for hearing in Gatineau 2 days later on Thursday Dec       12.              On Dec 12 2020, in Gatineau, he was before Justice Catherine       Mandeville who asked what Dominic wanted. When he said he       wanted to file his Motion to Quash, she too knew what was       going on having been involved with the Tim McConnell and Luc       Paquette self-defences,              She booked him to the next assizes on March 26 and asked if       he wouldn't mind waiting until his next appearance on March       26, 2021 to serve his motion. He said sure. She ended saying       there was a good chance that after the Crown checks with       Health Canada, it might be over before then.              So being charged just before the Cannabis Act in late       October 2018 means he is not charged under a new valid       legislation with a new valid exemption regime, he is charged       under the old legislation while there was a bad ACMPR       exemption regime which our motion challenges.              So Dominic gets to use the present Quash motion that the law       remains dead since 2001 because only Parliament resurrects       dead laws, not the Hitzig Court. Parliament's Interpretation       Act says only Parliament has that power, even if MedPot hero       shyster Alan Young told Canadians the courts could revive       dead laws too.              So, today, Mar 25, he got a call from the Crown offering to       drop the production charge for Superior Court Jury trial if       he'd plead guilty in lower court to possession and take a       year house arrest!              Har har har har har har. That is so funny. In one of our       last cases with both charges, the Crown dropped the       production charge in Superior Court to get out of the jury       trial and forcing it below and offered a sweet deal for a       plea which was taken.              So the Crown withdrew the production charge to avoid the       Superior court jury trial and force the case below and now       trying to make him think they are willing to withdraw the       jury trial charge for a plea below. Har har har har har har.       Why not give it a try except we know that Dominic doesn't       have to take any kind of deal below to get the jury trial       charge dropped when it's what they want all along.              So the Crown asked him to come in half an hour early       tomorrow to discuss some king of settlement.              He's going but there can be no deal. He's not pleading to       end up with a criminal record after 15 years of being legal.       If they want to convict him for growing outdoor instead of       indoor, just seriously is a judge going to take that?              So the Crown will have to withdraw the production charge if       they want to avoid the jury trial but are going to get       nothing for it. Pure cave. If they don't, another 25 minute       jury trial trying for shorter?              And if they drop the life-sentence charge to take it below,       then all the old motions come into play, Motion to Quash the       old law that was dead since 2003 when they dropped 4,000       charges after the appeal that I filed (Court of Appeal       changed the style of cause from Terry Parker et al to Hitzig       et al) to give Alan Young the credit instead of the guy who       filed the appeal, me, even if my name is now at the bottom       of the style of cause. Remember I went on Parliament Hill       with 7 pounds to get into the case! Which is why I was there       with Terry.              And if the Court rules that the law was resurrected by the       Courts if not Parliament, then Dominic has our       constitutional motion saying that it should be struck down       as unconstitutional even if they say it was and then struck       back up.              So nightmare for the Crown if he doesn't withdraw       everything. Har har har har har har.              Think about it, a year and a half after the new regime came       in, they chose to do a last prosecution under the old law       and happen to fun into a past user of a Turmel self-defence       kit. Har har har. Too funny.              Stay tuned for what the Crown decides to do when Dominic       says: No deal! I walk or I fight.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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