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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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