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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 9,786 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Court's medical opinion differs     |
|    16 Aug 13 08:37:17    |
      From: johnturmel@yahoo.com              TURMEL: Court's medical opinion differs with doctor's on medpot              JCT: Motions had been properly served and filed in Ottawa on       Aug 8 2013 by Tony Van Edig and then in Edmonton on Aug 9 by       Elisha McDermott with evidence their doctor recommended       using their increased prescriptions "right away" and "as       soon as possible!"              Registry clerk Marc Cossette called to say that the Trial       Coordinator had rejected the filing because Tony's demand       was essentially similar to his previous three demands       (without the doctor support) which were put off to later       General Sittings of the court as non-urgent.              I pointed out how Justice deMontigny had said Tony's motion       had lacked doctor support and now he had it. It didn't       matter, the clerk had ruled and that was it. I asked for a       copy of the ruling and was told there would none! It just       wasn't going to get in! We'll see. I drafted a letter to the       Chief Justice of the Federal Court:              Tony Van Edig              Aug 9 2013              Chief Justice Paul S. Crampton       Federal Court of Canada       90 Sparks St. Ottawa              My Lord:              1. When I received my renewal for amended ATP for an       increased dosage of medical marijuana from 8gm/day to       12gm/day, it had been post-dated to Aug 27 2013.              2. On July 16 2013, I attempted to file a Notice of Motion       for a constitutional exemption to take my medicine right       away until Aug 16 2013 and received the Direction of       Aronovitch P.:       "The relief sought is not clear. A complete motion record       has not been presented for filing and the urgency of the       motion has not been demonstrated. Do not accept the notice       of motion for filing returnable at General Sittings."              3. On July 24 2013, after 5 weeks without my new       prescription, I filed a Judicial Review of the policy of       non-instantaneous updating of Health Canada database       information and a short-notice motion on the urgent need to       start my prescription immediately; by telephone or at       General Sittings July 31 2013. Later that day, I received       the Direction of Tabib, P.:       The urgency is not sufficiently demonstrated. The motion       shall be heard at the next available general sittings, that       is, Aug 13 at Montreal or Aug 14 at Ottawa, as the Applicant       may advise at least 5 clear days before the date selected by       the Applicant."              4. The next day, Health Canada informed me that my Amended       ATP had been issued but post-dated to Aug 27 2013, the date       my old prescription expired.              5. On July 25, I filed a Notice of Motion for a       constitutional exemption to take my medicine right away and       received the Direction of Mr. Justice Montigny:       ".. the urgency of this motion has not been demonstrated.       There is no evidence from the Applicant's doctor supporting       his request..."              6. On Aug 8 2013, having obtained the evidence of Dr. Cindy       Shaw supporting my request and thus complied with the       requirement of Justice Montigny, I filed another Motion to       start my medicine "right away."              7. Marc Cossette of the Registry informed me that fulfilling       the requirement of Justice Montigny had not been enough, the       Trial Coordinator had handed down a decision that the Motion       supported by my doctor was essentially similar to my Motion       supported only by me and rejected the hearing.              8. I am further informed that my Motion will not be signed       off on, just disallowed. No document to appeal.              9. I complied with the Court's demand and don't think I       should have to convince the clerk that that a demand       supported by my doctor is essentially different from a       demand supported by only me. I cannot fathom how the clerk       sees no difference between a motion supported by my doctor       (as required) and a motion supported only by me; but would       submit that such a clerk shouldn't be making decisions in       the name of the court.              10. Because my documentation was proper, my affidavit       contained the new required information, I request my motion       be slated for hearing by telephone "right away."       Anthony Van Edig              JCT: That afternoon, we got this response:              court File No: T-1271-13       Between Anthony Van Edig v. Attorney General for Canada              Further to the Applicant's motion dated August 8 2013, the       Court (deMontigny J.) has on today's date directed:       "The new motion record should be accepted for filing and       inquiry should be made with the Attorney General with a view       to determining if they intend to make Representations before       this matter is reconsidered by a duty judge."              JCT: Okay, so it's Friday night and it looks like Mr.       Prefontaine is going to be working late. After all, it's for       "as soon thereafter as can be heard the motion" and that's       as fast as they get their answer in. Pretty fast:              From: "Prefontaine, Alain" |
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