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

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   Message 9,761 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Health Canada hops to renew MedP   
   18 Jun 13 13:20:16   
   
   From: johnturmel@yahoo.com   
      
   TURMEL: Health Canada hops to renew MedPot Mike by 10am   
      
   JCT: This morning, I published a preview of what I had done   
   right after I'd sent my email to the Director General of the   
   Department of Justice:   
      
   Turmel: Preview, make Justice & Health hop-to-it Again!   
   Tue Jun 18, 2013 8:07 am  |   
      
   John C. Turmel, B.Eng.,   
   50 Brant Ave.,   
   Brantford, N3T 3G7,   
   Tel/Fax: 519-753-5122,   
      
   June 18 2013   
      
   Alain Prefontaine   
   Director General and Senior General Counsel   
   Civil Litigation Section   
   Department of Justice Canada   
   234 Wellington Street   
   East Tower, Room 1101   
   Bank of Canada Building   
   Ottawa, ON K1A 0H8   
   aprefontaine@justice.gc.ca   
   Tel/fax (613) 946-3815/954-1920   
      
   Dear Mr. Prefontaine   
      
   You'll remember at our last Federal Court short notice   
   hearing on Friday May 31 2013 at 6:30pm for my brother Ray   
   Turmel's Renewal of Exemption. Sorry about service at 4pm   
   but it was expiring at midnight.   
      
   Justice Roy chastised Health Canada for taking 6 weeks to   
   process Ray's "no change" Renewal Form R. He asked "Has the   
   Department gone fishing?" I ask "Are they back yet?"   
      
   You'll remember how you relayed to the Court that Director   
   of Medical Marijuana Dr. Stephane Lessard had told you that   
   Authorizations take under 4 weeks to process and Renewals   
   far less. Mike Spottiswood had his "no change" Renewal   
   processed in just over 2 weeks in 2012 but is this year in   
   his 7th week of stressing with expiry looming Saturday   
   night.   
      
   Mr. Spottiswood has 9 qualifying diseases but was charged   
   with marijuana cultivation before receiving his exemption.   
   His constitutional motion to challenge the MMAR as   
   defective rendering the CDSA prohibitions invalid happens to   
   be going on all this very week in London Superior Court.   
   What drama. Couldn't have asked for a more perfect   
   predicament for the court to consider on Friday afternoon.   
   Perhaps his judge may grant a constitutional exemption until   
   the renewal arrives.   
      
   But one of the many torts being argued is "delays in MMAR   
   renewals cause stress." Now we can show intention or   
   incompetence. I couldn't have asked better than to have the   
   Accused being stressed at the very moment of his pre-trial   
   by the very tort he is complaining about. Ray will be   
   testifying this morning about how the Renewal Team at Health   
   Canada's Controlled Substances Bureau went home for the   
   weekend expecting Ray's exemption to expire. Which then   
   generated our surprise crossing-of-swords after all these   
   years. And Ray warned them 3 times to check with their   
   superiors and lawyers that he was calling me in! Guess they   
   didn't pass it along.   
      
   And now they're doing worse to Mike. Mike has 9 qualifying   
   diseases, Ray only has one. Mike's brother died from one of   
   them last year. The stress of it all compounded by the Crown   
   hanging his renewal over his head an unconscionable amount   
   of time is killing him.   
      
   I was planning a telephonic Federal Court challenge a la Ray   
   Turmel at some point this week, probably Friday, last day   
   theatrics always get the courts hopping, but yesterday   
   Senior Justice Heeney told us he would be away Tuesday   
   afternoon and we would have the time off.   
      
   So I must grab this opportunity to get my crippled friend in   
   front of a Toronto Federal Court judge later this afternoon   
   rather than by phone on Friday night. Seeing the victim is   
   always the more effective plea. Wouldn't it neat if Justice   
   Roy were sitting in Toronto. Maybe we could request to have   
   him hear by telephone again, he's up on the topic.   
      
   Today's hearing starts at 10am and since Judge Heeney is   
   expected in Toronto by 12:20pm, it shouldn't last past   
   11:30. Kim Johnson is the Federal Crown doing the   
   prosecution.   
      
   So you have until high noon for her or someone to inform Mr.   
   Spottiswood that his Renewal is expedited. Proof of renewal   
   could be faxed to her. I'll wait until noon before leaving   
   for Toronto.   
      
   Please save us both this wasted effort, Mr. Spottiswood is   
   already facing an arduous week-long proceeding then jury   
   trial so get the Deputy Minister to hop-to-it.   
   You did it for Ray, you can do it again for Mike.   
      
   Respectfully yours,   
      
   John Turmel   
      
   JCT: When I arrived at the courthouse, I gave a copy to the   
   Amicus Curiae Mr. Sheppard informing him we were going to   
   ask the judge to make time to hear an application on Friday   
   afternoon to grant Mike a Constitutional   
   Exemption (like Superior Court Justice Pitt granted to Terry   
   Parker) until his renewal, or sooner if the judge would   
   grant the earlier removal of the threat if:   
      
   a) the application to the Federal Court after Mike's 7-week   
   ordeal given they got slapped down over Ray's 6-week ordeal   
   were unsuccessful; (har har har har har har) or,   
      
   b) the renewal had not been received by Friday morning.   
      
   9:45am Courtroom 16   
      
   I handed copies to Crown Attorneys Kim Johnson and Muffy   
   Smith and said Mike would be raising a motion for a   
   constitutional exemption from the judge pending renewal on   
   Friday afternoon. Kim Johnson said there was no need, she   
   could certify that the renewal of Mike's exemption had been   
   issued and was on the way.   
      
   I chortled: Ever get a phone call from the Director   
   General before? She said yes!   
      
   I got to go out and give Mike and the crowd the good news!   
      
   So I sent the medpot-discuss team the good news:   
      
   Jct: Need I say more. Read my previous post. Mr. Prefontaine   
   fixed the problem and we don't have to waste time in Toronto   
   Federal Court this afternoon. Going for a nap.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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