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

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   Message 10,698 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Crown seeks Giself Pilon's home    
   03 Mar 22 23:01:53   
   
   From: johnturmel@gmail.com   
      
   TURMEL: Crown seeks Giself Pilon's home after Health Canada permit delay   
      
   JCT: You'll remember Gisele had filed with Health   
   Canada for a grow permit, nothing happened for months so she   
   started growing anyway. Then she got busted. She asked   
   Federal Court for a retroactive permit to a month after she   
   applied but Justice Brown said he couldn't. Then she got her   
   permit.   
      
   But I'd hoped the Crown wouldn't charge her now that they   
   knew she had gotten her exemption. But they not only   
   charged her with S.7 Production and S.5(2) Possession for   
   the Purpose of Trafficking (how could they know that since   
   she hadn't reaped her first crop?) but when she refused to   
   plead and decided to put up a fight, they then they filed a   
   Criminal Court motion to seize her house!   
      
   Yesterday, she had her Preliminary Inquiry where she told   
   the Court she was admitting the facts (she grew without a   
   permit) and was sent to Superior Court for jury trial. The   
   Crown also added a S.4 Possession Charge (good fall-back   
   since trafficking didn't happen). And it lets them drop the   
   jury trial production charge and offer her a deal without   
   criminal record to plead to the least Possession charge.   
   Maybe give a couple of hundred to a charity..   
      
   Big advantage over Renee Cyr. Her charges were dropped but   
   then the Crown moved under Civil Law to seize her home. It   
   was shown that had a motion been made to a criminal court   
   and refused, they couldn't then go to civil court any more.   
   So now that they have filed for confiscation in Criminal   
   Court where she doesn't have to respond, if it's refused, no   
   Civil Court suit.   
      
   Of course, Gisele can answer.   
      
   Since her doctor did give her a medical document before the   
   bust, when Hitzig resurrected the 2-year-dead law, Para. 170   
   says "establish medical need to simply be exempt." So her   
   medical document established medical need to make her   
   exempt before the bust.   
      
   And she can also blame the Health Canada delay in processing   
   her permit. If they had kept up to their 2015 performance   
   standard of 4 weeks to process a permit she'd have had her   
   permit and there would have been no raid.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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