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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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