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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 9,752 of 10,932    |
|    John Turmel to All    |
|    TURMEL: Court saves Exemptee Ray Turmel     |
|    03 Jun 13 04:42:12    |
      From: johnturmel@yahoo.com              TURMEL: Court saves Exemptee Ray Turmel from S.65 Destroy MedPot Rule               JCT: This suddenly popped up and is going to end up        helping Mike Spottiswood's June 17 2013 Constitutional        Challenge in London Ontario against the Marihuana Medical        Access Regulations. Several of the flaws we have cited        suddenly arose in a real time abuse.              My brother Ray Turmel followed the instructions at the        Health Canada Web page that said those who had nothing to        change should renew their medical exemptions by        submitting Form R! Which his doctor did.               A couple of weeks later, Ray got a rejection letter        saying everything else was okay but he was missing the        Property Owner Consent Form F which must be submitted        every time, like the first year! (Notice it doesn't say        so in the instructions!!)               His exemption was expiring Friday May 31 and he        immediately sent off the signed Consent to Health Canada        received May 1 2013!               On May 27, four weeks later and his exemption expiring in        4 days, Ray's sweating and contacted Health Canada for        the status of his exemption renewal. They'll get back to        him in 1-5 days! They did get back the next day, no help,        and on Thursday May 30 at 4pm where Ray was told it'll        take another couple of weeks to study his application.        When he asked what he's supposed to do with his plants        and supply, he's told: "Follow the rules!"              Section 65 of the rules say he must destroy his plants        and supply when no longer exempted. Following the rules!               This is the story of how the only Federal Court judge in        Canada with power over the Federal Government (the duty        Justice for the weekend in case of emergencies)        intimidated the Senior Counsel for the Ministry of        Justice to convince the Deputy Minister of Health Canada        to get the Director of Medical Cannabis to get the        Director of the Bureau renewing exemptions to expedite        Ray's exemption renewal before his old one expired at        midnight, in 5 hours since the hearing started at 6:30pm!               If the top judicial brass is going to be working late and        the weekend, I guess the top Justice Brass and the top        Health Canada Brass wouldn't be going to the cottage        either! Har har har.               I didn't prepare anything because mentioning my name has        often worked wonders in getting Health Canada to hop to        it in the past nd told Ray to first threaten them with        court action by me. So three times he warned them and        told them to check with their supervisors and lawyers        until they found someone who would know whom they were        dealing with (Granddaddy of guerrilla lawyers). But to no        avail. They weren't going to expedite Ray's exemption        renewal while the Team needed another couple of weeks to        study the same Consent form.               Thursday after 4pm: Called to action               So I had to write everything from scratch and get to        Ottawa 6 hours away to see if I could pull it off. If I        ran into a nasty judge, I really had no other legal        options though the Court of Appeal may have had a "duty        judge" in the house and I'd have found a way to get the        beef to him.               One fortuitous Rule I found was that a Motion could be        heard before the Application for Judicial Review (against        S. 65) is even filed. So I only needed a Notice of Motion        and an Affidavit! Easy!               Actually, I wrote most of Ray's Affidavit in the car        while a buddy drove me down. Love those DC12 to AC110        converters!               When we got there, I finished up at the local MacDonalds,        got it printed and we were at the Courthouse by 1pm! This        was going to be cute, trying for a short notice motion        3.5 hours before they close their doors.               Ray stayed in the car so I could get past the first        hurdle: always Her/His Majesty The Clerk! Get the clerks        in the mood to help and things get oiled in all the right        places. I've always done my best to entertain my clerks        and you can imagine how many times they showed me and        helped me with things they didn't have to.               So it paid off to take the time to change (in the car)        into my pin-stripe suit because there just happened to be        a couple of self-defenders before me making the clerks        explain what was wrong and how to fix it. I didn't need        them thinking: Oh no, here's another one wanting a        hearing on short notice" and thanked my lucky stars I        obeyed "Winning Through Intimidation"'s first rule.        Maximum preparation.               I explained how the Applicant had this problem that was        going to harm him by midnight and gave her a copy of the        Notice of Motion and unsigned Affidavit. I told her we'd        rush around getting it sworn once we knew it was accepted        for hearing on short notice or otherwise, I'd get it done        as we'll refile it for Wednesday's General Hearings court        if it didn't get in here today.               She said she'd do what she could. I went back to the car,        snoozed until she phoned at 2pm and said things looked        good but the Affidavit had to be sworn before she could        officially submit it to the Duty Judge. Get over and        she'd swear it for Ray! We were there in 5 minutes.        Sworn, we got our copies so we could add the signature        copies to the rest of the documentation and then went out        again and waited.               Around 3pm, she called to say the court had accepted to        hear the motion and to get over so she could add the        "Star" to the documents which we were to serve on the        Attorney General (he provides lawyers to defend        government ministries) and to tell them they would be        called and informed at what time the hearing would take        place that evening by telephone! She also said the judge        had changed it to a Notice of Application, okay, it        sufficed.               So, we were back by 3:45 and everything was signed,        sealed and delivered by 3:50. We were told to go find a        land-line, they can't do it by cell-phone, and await the        call from the clerk.               Here now is the Notice of Motion and Affidavit which        everyone was now reading.               File No:               FEDERAL COURT        BETWEEN:         Raymond J. Turmel         Applicant        and               Attorney General of Canada        Respondent               APPLICATION UNDER S.18 OF THE FEDERAL COURT ACT               NOTICE OF MOTION               TAKE NOTICE THAT on May 31 2013, at _____pm Raymond J.        Turmel will make a motion to the Court on short notice        orally or by telephone or as soon thereafter as the        motion can be heard at        _____________________________________ Ottawa.               THE MOTION BEFORE THE APPLICATION FOR JUDICIAL REVIEW IS               [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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