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

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   Message 9,864 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: James Turner foils Crown Motion    
   01 May 14 09:35:36   
   
   From: johnturmel@yahoo.com   
      
   JCT: The Crown's motion in Ontario Superior Court in Ottawa   
   today to dismiss James Turner's Constitutional Mernagh Plus   
   why challenge without hearing was heard by Justice Ray.   
   James read his argument into the record:   
      
   https://groups.google.com/forum/#!topic/alt.fan.john-turmel/CCSftBrNT7Q   
   James Turner on motion to nix "Mernagh Plus Why"   
      
   The Crown made some feeble argument about the Godfrey case   
   being at a lower non-binding level and James answered it had   
   nothing to do with the level, it had to do with the right to   
   present the defence.   
      
   They also got into why Judge Scovil delayed his April 24   
   decision to May 22, could it have been in anticipation of   
   the decision in Turner?   
      
   Har har har. Of course, it could not have been. Would any   
   judge say he's delaying his decision on the issues to find   
   out if someone else is allowed to raise the same issues   
   first? Silly.   
      
   Of course, the Crown had these big books of authorities and   
   Motion Record and James had his little 4-page statement   
   asking why he doesn't have the same rights as Spottiswood   
   and Godfrey, and so Justice Ray reserved his decision until   
   later in the summer.   
      
   Somehow I think the big Goliath Book of the Crown is going   
   to take a shot to the head from my David's little sling-shot.   
      
   Best of all, for James's best and funnest performance   
   putting a beating on the Crown, a class of 40 law students   
   had to me to witness the beating he laid on the Crown Motion   
   that did not win.   
      
   I have to point out that Justice Ray and Crown Attorney   
   Stephen White have been incredibly helpful and accommodating   
   to James' needs. After 8 years together, they're almost all   
   old friends. Stephen's been promoted but still has carriage   
   of James' file because no one else could be cheaply brought   
   up to date. After all, James already went to the Supreme   
   Court of Canada once and they all know he's going again.   
   James likes them both and I'd bet they both like him back.   
   And I'd bet it showed.   
      
   So I really can't imagine there's any chance that Justice   
   Ray is going to nix the same right to due process   
   Spottiswood and Godfrey got, not a chance, and am only   
   thrilled to know law students are interested in the   
   question. Adds pressure for Justice Ray to do him right.   
      
   Eight years these guys have been at it. And it's still going   
   to be a long time before they eventually get him to trial   
   with his 55-witness Mernagh Plus challenge first.   
      
   I wonder what the longest marijuana case in Canada has ever   
   been or has James' 8 years with 2 or 3 more to go going to   
   be the longest?   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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