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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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