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

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   Message 9,879 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Phelan grants Defendant in Defau   
   06 Jun 14 04:51:12   
   
   From: johnturmel@yahoo.com   
      
   TURMEL: Phelan grants Defendant in Default motion to Nix Parker!   
      
      
   JCT: In what may be a historic precedent, a Defendant in   
   Default of filing a Statement of Defence was permitted to   
   file a Motion to Dismiss. This historic ruling was made by   
   Justice Phelan, into the annals of justice, for sure.   
      
   Ask any lawyer when he ever heard of a Defendant in Default   
   filing a motion to dismiss! You just saw it on June 4 2014   
   in Justice Phelan's Federal Court of Canada. And then ask   
   when he ever heard of such Motion by a Defendant in Default   
   being granted, let alone heard?   
      
   New Federal Court precedent. Got no Defence, default, then   
   move the judge to throw it out anyway. Registry will let the   
   Motion in. Clerk's decision.   
      
   Imagine, the Defendant in Default writes: I have no defence   
   but and have the judge dismiss it anyway! "Okay."   
      
   What makes this particularly galling is that Justice Phelan   
   rejected the medical attestation of THE Terry Parker, who   
   proved his epilepsy merited him an exemption back in 2000 to   
   Ontario's highest court who granted him a court-   
   constitutional exemption until the MMAR would take over his   
   protection. When it was issued, he only had one day to find   
   a Specialist, failed and has yet to ever get his doctor to   
   sign.   
      
   So despite the Ontario Court of Appeal ruling that   
   "There is no offence absent a valid medical exemption for   
   Epileptic Terry Parker," and despite no objection to Terry's   
   Affidavit stating he is THE Terry Parker the Court of   
   Appeal accepted really had epilepsy, Justice Phelan ruled   
   Terry's Affidavit just hadn't convinced him enough that THE   
   Terry Parker really had epilepsy any more. Should have kept   
   proving it.   
      
   Not that Terry didn't have his sworn and unchallenged   
   Affidavit, of course the Default Defendant did not say he   
   was not epileptic, it's that Terry just didn't manage to   
   have enough evidence of his epilepsy to convince the judge   
   he hadn't cured himself since then and wasn't just perjuring   
   himself to get high.   
      
   So Justice Phelan chose to disbelieve Terry Parker's   
   Affidavit, branded Terry a liar, not enough proof to   
   convince a court, and condemn Terry to no meds and possible   
   death, just what the Ontario Court of Appeal said violated   
   Terry's Right to Life. Judge Phelan just did it!   
      
   Worse, a biker buddy Paddy had reduced a cancer tumor in   
   half, that's 7/8 of volume, 1/2*1/2*1/2=1/8, before being   
   caught in Health Canada's revocation of thousands of Dr.   
   Kammermans exemptions because he had signed them while   
   on the house call and not back in his Ontario-registered   
   office. Crime of the Year. His bureaucratic crime, that is,   
   and nixing everyone' exemptions for a non-medical reason was   
   Health Canada's bureaucratic crime. Kammermans' crime ended   
   up with more live people, Health Canada's crime ends up with   
   more dead ones.   
      
   So Paddy has pictures of his cancer shrinking from the use   
   of cannabis oil until he was cut off 5 months ago. And of   
   course, Justice Phelan has chosen not to believe Paddy's   
   unchallenged affidavit, after all, he only included his old   
   ATP to prove his cancer had qualified him before; but the   
   judge failed to see. Of course having his eyes closed didn't   
   help. Paddy's old ATP just wasn't enough to convince Justice   
   Phelan he still had the cancer and was really going to die   
   and so, no meds for Paddy! Justice Phelan just wasn't   
   convinced enough.   
      
   Justice Phelan wrote:   
   [29].. Claimants were given an opportunity to remedy certain   
   deficiencies in their motions... no claimant took advantage   
   of that opportunity."   
      
   JCT: So hundreds of dying cripples across the country rushing to   
   file their medical documents for weeks and he bounced every   
   single one of them because "they didn't take his generous   
   opportunity!" Talk about puke me out. After rejecting   
   everyone's medical Affidavits, he says they didn't even   
   try!!!   
      
   Some Registries bounced them for these reasons:   
      
   1) "In Response" is on cover   
   2) "In Response" is NOT on cover   
   3) Paragraph with "in writing" is on Motion   
   4) Paragraph with "in writing" is NOT on Motion   
      
   Judge Phelan was rejecting them coming or going!   
      
   Worse, the Defendant in Default missed the most important   
   two words of all!!! They missed the FEDERAL COURT at the   
   very top of their document but he let them in! Okay for a   
   Defendant in Default to miss the most important two words,   
   but can't have a dying cripple miss the least important   
   two words, can he? They miss the two most important words   
   on the document and get in while some cripples miss "In   
   Response" in their response and they get bounced? Unequal   
   treatment under the law, it seems.   
      
   Anyway, what about the lady whose Exhibit showed the cancers   
   in her vagina? Didn't they impress him? Oh right, didn't get   
   that far, she forgot the "In Response!" No meds for her!   
      
   So the Judge bounced everyone whether it was done one way or   
   the other; every single crip, "No Meds, not convinced you   
   need them!" And then he says no one took advantage of his   
   generous opportunity to tell him about their medical condition!   
   Of course, he couldn't mention the hundreds who did try, he   
   saw their "insufficient" pleadings before rejecting them all,   
   and bounced them all on technicalities that would make any   
   normal judge redden in shame. ALL! Many now to die!   
      
   And let's face it, since the Courts have been stalling our   
   meds since our first motion date was denied back in March   
   11, that's almost 3 months of dead people on their doorstep.   
   Statistically speaking. Had they not jerked us around with   
   the Allard narc moles, prohibition would have come down on   
   April 1 and everyone would be getting their best meds.   
      
   And we have the judges who delayed us to thank for all those   
   corpses littering their courts. Did they not notice we were   
   claiming "Right to Life?" And when they're wrong about a   
   "Right to Life" claim, the corpse is their responsibility   
   even if they have insurance?   
      
   These Federal Court judges on the record and probably the   
   whole bench by now, all knew about Health Canada's survey   
   fraud and the genocide of under-medicating the group by 89%   
   and just stalled us, until some died, statistically   
   speaking. And probably all the Crown Attorneys know it too!   
   And all did nothing despite S.318 that says "Genocide is a   
   NoNo!" "Mass Murder Not Good!"   
      
   Hey, Right to Life! TajProfessor bets blood on their hands!   
   And it can't come off! Har har har har har har. Sleep on   
   that and think about facing your God with the souls of your   
   vics on Heaven's Jury.   
      
   "Right to Life, please" and Justice said "No Meds for You?"   
      
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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