From: johnturmel@gmail.com   
      
   TURMEL: Dominic Gravel suspended sentence for outdoor grow   
      
   JCT: Dominic Gravel was my first big Quebec Quash Motion 15   
   years ago for 6,000 plants. He was in jail pending trial and   
   got a sweet deal to get out if he dropped his motion and   
   pleaded to simple possession. Facing life, he was happy.   
      
   In 2018, he was forced to move his legal grow from indoor to   
   illegal outdoor and got busted. But it was before the   
   Cannabis Act so he could use the "law is still invalid"   
   motion to quash kit used since 2003.   
      
   He was in Gatineau Superior Court today before Justice   
   Mandeville on a zoom call who had dealt with my cases   
   before. Mr. Petitclerc was the Crown. They let Ray into the   
   court-room since there were no other spectators and it was   
   set up for seating in every 4th chair.   
      
   Again, Dominic had elected to be tried by judge and jury for   
   his production charge and Judge Mandeville mentioned that a   
   jury trial for production charge under Covid conditions was   
   going to be complicated. He could only say: Sorry, I have my   
   permit, I have my motion. (Of course, the permit was for   
   indoor).   
      
   But the new Crown decided to offer him a deal with no jail,   
   no conditions, by dropping the production charge with the   
   jury trial and him pleading guilty to possession of the   
   illegal outdoor plants with a suspended sentence and $200   
   contribution to the Battered Women's Shelter in Fort   
   Coulonge. The Crown even mentioned that his previous   
   pot conviction was from 15 years ago and wouldn't count it.   
   Dominic was very happy to accept.   
      
   Because the previous Crown had asked for $500 fine, the new   
   Crown had to consult with him over the $200 contribution. He   
   agreed. And Dominic got 10 months to pay.   
      
   So the end of the POLCOA era (Parliament Only Legislates,   
   Courts Only Abrogate) line of arguments that the Ontario   
   Court of Appeal Hitzig decision could not bring the   
   possession offence back to life once it had been dead 2   
   years. But every judge ruled the law alive as if the Court   
   had done what Parliament had not.   
      
   So only two medpot cases left. Both in Quebec.   
      
   Gisele Pilon who got busted while waiting for her permit is   
   coming up in Gatineau on Sep 24.   
      
   Renee Cyr in Quebec Court of Appeal against a civil decision   
   to seize her house after they dropped the criminal charges!   
      
   So happy ending for everyone. The Crown is happy a tough   
   case is finished, the judge is happy not to have to deal   
   with a jury trial (the Fontana jury trial in Gatineau lasted   
   25 minutes) and Dominic has another threat gone.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)