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 9,905 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Burrows & Roy Reply to Crown Nix    |
|    22 Jul 14 04:16:50    |
      From: johnturmel@yahoo.com              JCT: Stephen Burrows and Robert Roy were Left-Outs of the       Allard relief, Robert by expiry of only 3 days! 3 more days       and his Possess Permit would have validated his Grow Permit       but now he's stuck with only his Grow Permit! And Stephen's       been stopped from curing his cancer. Justice Phelan dimissed       their Interim Exemptions for insufficient evidence of       medical need!!! Couldn't believe they had ATPs like they       swore in the Affidavits, had to see them. Couldn't believe       their doctors had checked their medical files, had to see       them too.              So they've appealed and shown the next court their ATPs and       Medical files backing up their affidavits the judge below       refused to believe asking how they help? But they need their       exemptions back.              Here is his affidavit:                     STEPHEN BURROWS        AFFIDAVIT       I, Stephen Patrick Burrows, residing at make oath as       follows:              1. I have cancerous tumors on my groin for which no local       doctor would prescribe me marijuana.              2. In 2011, Dr. Rob Kammermans of Ontario came to do a       clinic in Nova Scotia and signed my Authorization for       marijuana after examining my tumors.              3. Ex. 1 is the Oct 1 2012 letter from Health Canada       revoking my exemption because the good doctor had not       returned to Ontario where he was registered to practice but       had signed my Authorization in Nova Scotia. Health Canada       revoked the exemptions for medication to thousands of       patients and condemned me and others to death for this same       non-medical reason.              4. I found a doctor in B.C. to sign after a Skype interview.       Having been signed in the right province, that medical       opinion was judged valid by Health Canada. It cost me $400       for my appointment.              5. Ex. 2 is my Authorization to Possess to Jan 13 2014.              6. Ex. 3 is my Designated Person Production License.              7. On Jan 13 2014, my exemption permits expired and I lost       my Designated Grower. I could not apply to renew under the       MMAR because:       1) any new crop reaped would have had to be destroyed on       April 1 2014 upon the Health Canada Directive;       2) it would have been a waste of another $400;       3) I could not afford to apply under the MMPR for the high-       priced product sold by a Licensed Producer.              7. Ex. 4 to 6 are pictures showing the reduction of my       tumors over time.              8. On Mar 3 2014, having been out of affordable marijuana       for months, I filed a Statement of Claim in Federal Court       for repeal of the MMAR based on 16 identified constitutional       violations, of the MMPR based on 20 identified       constitutional violations, and of the prohibitions by       striking the word "marijuana" from Schedule II of the CDSA.              9. I also filed Motion Record for an interim exemption for       Personal Medical Use with my Authorization To Possess Number       in an Affidavit attesting to my need of marijuana for my       cancers.              10. On Mar 10 2014, my motion was stayed pending the Mar 21       2014 decision of the motion for interim relief in Allard v.       HMTQ [T-2030-13].              11. On Mar 21 2014, Justice Manson ruled in Allard that all       Grow Permits were grandfathered to Oct 1 2013 but not       Possess Permits. Only those with current ATPs would continue       to be exempted. I was "Left-Out" of the Manson relief.              12. On Mar 31 2014, my motion was once again stayed upon a       motion by the Her Majesty in Default of filing a Statement       of Defence for a stay of my Action pending the final       decision in Allard v. HMTQ (T-2030-13) on the basis that I       am "seeking relief which is substantially similar to that       being sought by the Allard Plaintiffs" due to the 4 issues       in common whose resolution would "significantly narrow" the       issues I am raising.              13. On the Apr 29 2014, the Crown's motion for the stay was       heard by Justice Phelan. At the hearing, I explained why my       ATP was not current and I had been left-out of the Manson       relief and why I had no reason to be waiting to see what       remedy they would receive which I could not share in.              14. On Jun 4 2014, Justice Phelan stayed my Action pending       the final decision in Allard and dismissed my motion for       interim exemption for Personal Medical Use ruling:        [28] In addition, the motions materials are inadequate        to grant any relief. Although the motion record contains        an affidavit portion which contains different degrees of        personal information, each fails to plead sufficient        evidence regarding the claimant's personal circumstances        to warrant any relief. While some claimants have        indicated an ATP permit number, most have failed to        provide a copy of that permit or to indicate whether it        was relevant on the relevant dates.        [29] The Court notes that the claimants were given an        opportunity to remedy certain deficiencies in their        motions materials following the May 7th order; no        claimant took advantage of that opportunity.              15. I had a copy of my ATP and pictures of my tumors at the       hearing. But if I had known the judge would dismiss my       doctor's authorization as insufficient proof of my medical       need, I'd have dropped my pants and shown him when I had the       chance.              16. Exhibit 7-9 are CDs of my medical records should my       doctor's authorization be judged insufficient evidence       without it.               APPELLANT'S WRITTEN REPRESENTATIONS              22. My Affidavit attested that I have medical need for       marijuana for my cancers and included my ATP qualifying me       to use marijuana. Why would the Court need to see a copy of       the ATP when I had one. What purpose would it serve? Does       the Court really need to see the ATP, really need to see       pictures of my cancer for me to "sufficiently show" I have       cancer when the doctor already said so? Given the Crown has       not disputed that fact, the court should not have either. If       I had known the judge thought my doctor's authorization was       insufficient proof of my medical need, I'd have dropped my       pants and showed him.              ROBERT ROY        AFFIDAVIT              I, Robert Roy, residing at 55 Pleasant St. Kingston N.S.       make oath as follows:              1. I have herniated discs, degenerative disk disease,       pinched nerves, emphezma, high blood pressure and am being       treated for suspected diverticulitis that runs in the       family. It took me since 1991 when I was injured at work       till 2012 to get a specialist to sign & then it took another       4 months to find a doctor to sign & receive my license. And       my doctor that signed my paperwork just passed away!              2. Ex. 1 is my Authorization to Possess to Mar 18 2014.              3. Ex. 2 is my Production License.....              6. On Mar 21 2014, Justice Manson ruled in Allard that all       Grow Permits were grandfathered to Oct 1 2013 but not              [continued in next message]              --- 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