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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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