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

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   Message 10,660 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Crown withdrawing Dominic Gravel   
   10 Jun 21 19:44:38   
   
   From: johnturmel@gmail.com   
      
   JCT: Dominic Gravel was in Quebec Superior Court today where   
   the Crown informed the Court that they were going to   
   withdraw the S.7 Production charge before a jury to go to   
   Provincial Court on the simple Possession charge.   
      
   The Crown had offered 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!   
      
   Remember that at the last hearing, the Crown Petitclerc had   
   been his prosecutor 15 years ago for the 6,000 plant bust   
   where I helped him get out of jail. He was being held   
   without bail and after numerous motions to quash over 4   
   months, they finally offered him time served and be out in   
   time for Christmas if he pleaded guilty. So he happily took   
   the deal. Admit it, 4 months for a 6,000 plant bust was   
   quite the coup. But it saved the prosecution a lot more war.   
      
   This time, Petitclerc said that the Turmel kits had never   
   won before and that if he didn't take the deal, he'd jail   
   him and his mother would die while he was gone. Ugly stuff.   
      
   Keep in mind, he didn't win last time and won't win this   
   time, especially since the issue is Dominic his moving his   
   legal plants outside. He had a permit for inside but illegal   
   outside. Big crime! Har har har.   
      
   Dominic was so angry at the nasty threat about his mother   
   that we decided to teach the Crown a lesson. He went to   
   their offices and served the Quash motion on them but did   
   not go file it. Just serve it on them so they have something   
   in hand to read as they contemplate what they're going to   
   do. And they haven't even seen the constitutional motion   
   that comes next! Har har har.   
      
   Kind of neat that Dominic will be the very last case tried   
   under the old regime but they're really between a rock and a   
   hard place. We've seen them drop the Production charge to   
   get out of a jury trial before and they have done it again.   
      
   So the Crown said that they'll be back in Superior Court on   
   Sep 9 2021 to withdraw the production charge and then go   
   below to continue the possession charge.   
      
   Remember, Dominic has a permit to possess what he grew,   
   whether it was grown outside or inside. And he's filed a   
   motion to Quash that's going make them some work. I just   
   don't see how they can have anything to gain by chasing him.   
   Sure, they tried to offer him plea deals but he told them no   
   way when he had a permit.   
      
   Keep in mind that having a medical exemption positively   
   establishes medical need so he can refer to the Hitzig   
   Paragraph 170 where the court, in resurrecting the law, said   
   "those who establish medical need are simply exempt." Easy   
   not guilty card to play.   
      
   Ray told him to suggest doing what they did in Ray's case.   
   Ray had been charged with growing 500 plants over his limit   
   facing a 2-year mandatory sentence. After 3 lower-court   
   motions to quash, 3 Superior Court motions, 3 appeals and   
   one application for leave to appeal to the Supreme Court,   
   the Crown didn't want to withdraw the charge in giving up   
   and told the judge they would be presenting no evidence at   
   Ray's trial. So the judge had to find him Not Guilty by   
   reason of insufficient evidence.   
      
   So they didn't give up, Ray was found not guilty. So they   
   could always do that again if they didn't want to withdraw   
   Dominic's Possession charge and take the full defeat. At   
   least, Ray's way, they don't give up, he's found not guilty.   
      
   I can't believe they're going to go through this waste of   
   time. I do understand they kept giving him lesser and lesser   
   sentences trying to get him to for something, anything. But   
   with permit in hand, he's not giving in. So they had to   
   cave. And today we learned the dangerous part of the charge,   
   the one that jury charge that carries jail, will be gone.   
   And I'd bet the Possession charge will go away too. Stay   
   tuned.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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