From: johnturmel@gmail.com   
      
   TURMEL: Crown drops Pilon traffic charge, house seizure, indictment to summary   
   conviction   
      
   JCT: Gisele Pilon was the second medpot case where the Crown   
   is going after the grower's home. She had a great   
   constitutional motion.   
      
   Paragraph 170 of the Hitzig decision said after the   
   resurrected the prohibition without Parliament that "those   
   who establish medical need are simply exempt.   
      
   So Gisele submitted her doctor's medical document in June   
   and when Health Canada took their time processing her   
   permit, she started and got busted 6 months later.   
      
   Then she filed a Federal Court Statement of Claim for   
   damages due to delay and for an interim exemption pending   
   delivery of her permit. Health Canada hopped to it and got   
   her permit to her in 6 days to mooten her motion for interim   
   remedy.   
      
   But the Crown then decided to charge her with Possession for   
   the Purpose of Trafficking (with no evidence of trafficking)   
   and file an application to seize her home.   
      
   They were going to have her 5-day trial before hearing her   
   constitutional motion to declare the law invalid to avoid   
   taking too long due to the Jordan decision. So she was   
   expected her to waste resources fighting the charge before   
   the validity of the charge was established so the Jordan   
   clock wouldn't run out. So she filed a motion to waive the   
   protection of the Jordan decision and have the validity of   
   the charge established before spending resources on defence.   
      
   So the Crown offered her a sweet deal. Before Madame Justice   
   Charbonneau, they said they would drop the trafficking   
   charge and the application to seize the house. Good news.   
   But when Gisele said that she'd want to have a discharge   
   with no criminal record since there would have been no   
   charge but for Health Canada's dereliction of duty. The   
   Crown told the judge that she couldn't grant a discharge in   
   a trial by indictment, only a summary conviction charge. So   
   the judge reduced the charge to a summary conviction so   
   she'll be able to grant a discharge! The Crown will still   
   ask for 3 months house arrest.   
      
   On Sep 22, Gisele has to suhmit the medical information that   
   convinced her doctor to sign her medical document, probably   
   so the judge has good reason to grant the discharge. Then   
   the judge will later hand down her decision.   
      
   So it looks like Gisele will have spent 2 years in the   
   courts due to Health Canada taking 7 months to process her   
   permit and the Crown wanting to punish her for starting   
   without waiting!   
      
   So we'll see. But it looks good. I find it hard to believe   
   that the judge is going to punish her when they wouldn't   
   even be there but for Health Canada's incompetence.   
      
   She'll point out that in 2013, Dr. Stephane Lessard,   
   Controlled Substances and Tobacco Directorate, told Federal   
   Court Justice Roy that Under the MMAR, processing an   
   application to produce marijuana was "done in under 4   
   weeks."   
      
   Under the Cannabis Act & Regulations, it took up to 11   
   months for Igor Mozajko. Gisele's had taken 7 months before   
   her Federal Court Statement of Claim prompted them to   
   quickly issue it to mooten my motion for interim exemption   
   pending delivery.  Like the previous other 80 movers got   
   hop-to-it permits to mooten their motions.   
      
   Who wants to bet that Justice Charbonneau gives her a   
   criminal record?   
      
   The sweet deal actually breaks my heart because I wanted   
   her to argue that the exemption started when she got her   
   permit, not when Health Canada issued it.   
      
   I only have one more medpot case going on in criminal court,   
   a big one in Montreal today where they seized a whole bunch   
   of houses and cars. A 28-person bust and my guy isn't paying   
   a lawyer as the Crown sought 9 more months to investigate.   
   My guy asked to get to use his truck as he was allowed to   
   keep living in his house. They can always seize them after   
   it's over. The judge will decide whether he can have his car   
   back while the Crown gets more time to investigate.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)