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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]   
      
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