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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 9,878 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Ray Turmel 3 Appeals in Quebec h    |
|    05 Jun 14 04:31:34    |
      From: johnturmel@yahoo.com              TURMEL: Ray Turmel 3 Appeals in Quebec highest Court Monday              JCT: I haven't really written much about the trials and       tribulations Ray's been through with his charge for growing       too fast with too many plants toward the 11Kg limit with       only 4Kg stored. Judge Sirois wouldn't let him have his       Motion to amend his indictment heard before proceeding on       the Preliminary Inquiry on the challenged indictment, he       struck the motion from the docket without hearing. And the       Crown kept saying we were putting the "cart before the       horse." You'd think it would dawn on them that settling the       charges in the indictment would mean no wasted PI time on       those things that won't be there any more, right? Quebec!              There were a whole bunch of procedural foul-ups I caught the       judges on resulting in 3 Motions at Quebec Superior Court       resulting in 3 Appeals.              But I had thought that I'd sapped the lower court by       managing to sneak a re-worded Motion to Amend (they're used       to but we want to zero charges) instead of Motion to Quash       to zero charges (which confused him) filed to be heard on       May 22 which meant that the Appeals would all be mooted,       maybe, because the horse was not put before the cart. Find       out what's left in the indictment, then Ray decides if he       wants a lawyer at the PI.       But we can no longer complain if I fixed it, right? Maybe       ask for some cash for our wasted time and gas.              So I thought it would be pretty boring stuff, telling them       I'd already snuck the Quash disguised as Amend in below so       sure, dismiss the appeals as mooted, but maybe give Ray some       cash for our wasted time. After all, we didn't get the cart       before the horse, they did.              But Ray's Quash was slated for May 22. They even had an       English judge booked to hear it. And then his PI in July.              But bad luck, the judge couldn't make it and guess who got       appointed to hear it? Judge Sirois again! And he dismissed       the Quash for a wrong reason (can't appeal until after trial       now) and once again, the cart is back before the horse and       now the Court of Appeal can't say it's mooted any more, no       matter that it seemed I had gotten it mooted until Judge       Sirois unmooted it again! Har har har har har har!              So with 1 Provincial judge to crucify and 3 Superiors to       stake through the heart, suddenly, the 3 appeals take on new       life and annoyance for the other guys. Imagine, I'd mooted       their problems and now Judge Sirois has gone and unmooted       them again.              So Monday 9:30am June 9 at the Quebec Court of Appeal in the       old stately building on Notre Dame Street across the the       across from the Criminal Courthouse. It's not going to be       quite the show. I get to write the Written Representations       Ray's going to read into the record. Ooooohhhhh. Payback!              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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