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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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