home bbs files messages ]

Forums before death by AOL, social media and spammers... "We can't have nice things"

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

[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]

   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)   

[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]


(c) 1994,  bbs@darkrealms.ca