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

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   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)   

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