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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 9,846 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: The hook the Crown can't shake (    |
|    09 Apr 14 22:56:20    |
      From: johnturmel@yahoo.com              TURMEL: The hook the Crown can't shake              JCT: I am truly amazed that the Crown would try to get a       stay until the Allard Fix of the MMPR is decided before the       The MedPot Engineer's Sapping of the MMAR-MMPR-CDSA should       be heard.              So far, they only ever filed a Motion Record against my       Motion for an Extension of time to the Court of Appeal but       did not against Mike Spottiswood nor Gerard Faux who also       had filed but do have exemptions. They want to fight it out       with the healthy guy, not the sick guys.              They spent a lot of time decrying my not being sick. Maybe       in authoring that argument, they're forgetting that so far,       all other Plaintiffs have a medical need other than "mere"       prevention! How are they going to explain that Cale Sutton       with medical documentation but no doctor should not be       exempted in the interim while that we try to down the law?              Why should Laurence have to live with Manson's 150g limit       with a 200g prescription? I wonder how the Crown will argue       he shouldn't be remedied.              All those different patients might explain why they're late       with the Motion Records promised for early this week, they       now have to explain why the real sick people shouldn't get       their grows back? Har har har har har har. I do have some       Left-Outs to point at. How has Allard helped them? And why       should they wait to get back what they were due?              I should find many more once we get a date and it's their       only way to get their legal grows back, isn't it? If they       were left out of the Conroy remedy, what's the Crown's       argument for making them wait to see if the remedy they were       left out of gets nixed or not? Right. No chance.              The Crown are between a rock and a hard place and they've       now only made it worse giving me a win-win play. Or should I       say they bet a lose-lose play.              They lose if they win their stay by giving us the step up to       the Court of Appeal for the same remedy, just like we did       with the last two stays. We'll have our Notices of Appeal and       Motion Records in hand ready to file if the Crown gets its       stay that very day! Har har har. Imagine us all waving out       Notices of Appeal at the judge as the Crown speaks. This       time, I think most people will jump on. I and the other       quick-draws will for sure.              They lose if they lose their stay because we're filing to       ask for relief right after they're finished. They've just       cinched us all early dates. Of course, this is the more       likely scenario. No judge is going to put back the stay that       had to be lifted the last time because we were all using it       to automatically step up to the next level. Don't forget       Dale Conners and Beverly Sharon Misener who filed their       Statement of Claim, and immediately stepped up into the       Court of Appeal on the same day! Never been done before but       it's doable, wasn't it?              Here the Clown Attorneys have asked the court to put us in       that position all over again! Har har har. Any bets no judge       will stay us with our Notices of Appeal waving in his face       to move upstairs as we leave his court-room? Not a chance.       The Court knows what it prevented last time, it won't give       me the chance to skip one step away from the Supreme Court       in one day.              So the Crown Motion does guarantee us our hearing date,       doesn't it? And they have to file their Motions Records on       each of us in our own provincial Registries for special       sittings for all of us. Lot of Crown Attorneys in a lot of       different offices running around. Wonder how they'll do it?              Maybe that's what's stumping them now. Anyway, if I don't       get their Motion Record and the letter they faxed the       Registry but snail-mailed me last Friday, (can't wait to see       the post-mark) today, I'm writing another letter demanding       our date since early this week is over and we're into late       this week now. And we're not going to be stalled more than       we have to be. So give us our date and the Crown can decide       if they want to come along.              Then again, why solve their problem for them? Maybe I'll       just sit back and wait until all the Motion Records are       served and filed around the country before opening my mouth.       After they've done all that, then we'll keep pushing for our       Apr 22 in Ottawa. No way their motion can be heard before       then, right? So let's let them do all the serving and filing       of massive documentation before letting things get easier.                     And Statements of Defence are due after 44 days. Mine,       Laurence's, Sam's and Shawn's are due this Friday 11. Others       soon thereafter. I'll remind them on the last day that       they're going to be late. You should all get your filing       dates, add 44 days and get ready to bug them for yours. Big       Statement of Defence, Big Motion Record, Big Our Motion       Response, lots for them to do before any hearing.              As a matter of fact, filing your Motion Record on them now       forces them to respond to your individual plaints in their       Responses. If you're only added to the docket without that       Motion Record in, it may make it easier them and you won't       get some big Motion Record Books out of it as a souvenir.              Now, since              Right now, the Motion Record is called N4. There is also an       N5 written for the Court of Appeal, identical but with       Federal Court of Appeal at the top of the documents instead       of just Federal Court.              If you're going to be submitting your N4 just to add to       their dilemma, you'll need to swear your affidavit. May as       well swear the same Affidavit in your N5 while you're there.       That way, on Motion Day, you can be ready not only with your       Notice of Appeal but also the Motion Record to file. Har har       har. Both documents to wave at the cameras as we go in.              I would think more Statements of Claim going in right now       would really inconvenience them. They'd have to prepare       their Motion Record of Response, then deliver their Motion       Record to Stay as fast as they come in. Imagine the workload       if we could double our numbers by everyone showing 1 new       person every day. Exponential growth would swamp them. We       just have to get word out to the Left-Outs to get filed for       the $2 then imagine the work-load you've added to their       pile.              Now, I was thinking about what could thwart our shot at       striking down the exemption and prohibition! Parliament       repealing them before we get a judge to strike them down is       the only way our pleas for relief can be mooted, right. No       more prohibition, no more need of exemption. Complaints       about the MMAR and MMPR are now mooted. How sad, and there's       nothing we can do about that should Parliament beat us to       it.              There is a silver lining. Should medical marijuana (for       prevention too) become accepted, then it's even more reason              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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