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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 9,970 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: N.S. Judge Zimmer nixes Hillman     |
|    13 Jan 15 01:21:18    |
      From: johnturmel@yahoo.com              JCT: Seems Chris Enns was given a beating by a judge who got it wrong       but got the POLCOA and BENO arguments in for the appeal:              Chris Enns       Monday Jan 12 2014              Justice Zimmer in Truro today, in the case of R v. Andrew D Hillman       absolutely destroyed the Turmel s. 601 quash motion. It was painful to       listen to.              Apparently when a court of appeal in another province makes a ruling       and the SCC refuses leave to appeal the ruling, it means they're       serious. It went J.P. 2003, Voss, McGrady&Parker(2011), LeClair, Kubby       to cut-up BENO.              JCT: Someone cut up that the JP Court ruled No Offence when Bad       Exemption! Har har har har har har. All my guys except for Kubby. And       remember, they only read the decisions, not my arguments about where       they were wrong.              CE: POLCOA was knocked dead with words direct from Voss. It went       beyond a simple dismissal in the ruling. The judge went on the record       to blast me for wasting the courts time and made point that anyone       with any legal aptitude would have appreciated the lack of merit to       the arguments.              JCT: He can rant all he wants, he made a mistake and now his mistake       can be appealed!              CE: As such, I will no longer be allowed to speak on behalf of Mr.       Hillman and can only provide support from the bleachers per se.              JCT: You got to speak on his behalf?!! A McKenzie Friend in Canada.       Pretty rare achievement. Luckily, what's said never really matters,       what gets discussed above is what's written down.              CE: I felt really emotionally drained for the better part of the       afternoon after a personal round with the Crown afterwards (sorry       again Andrew) but I've come to appreciate that I need to stop looking       at all of this from the same lens of the crown, that is in terms of       wins and losses.              JCT: The purpose was to make you think you had loser cards and       shouldn't have bothered contesting the pot. Trust me, POLCOA and BENO       are too simple of concepts for lawyers to remain stupid for long. If       they're unaware of the import, every lawyer you meet will agree that       POLCOA is the Canadian legislative ethos. All I ever did was put it to       an acronym and never expected the dolts to start denying the acronym       without realizing it's their own ethos.              CE: The goal here is to relieve suffering at every step in any way       that we can. My intentions are to guarantee to the best of my ability       the liberty of my family, friends, and those who reach out for help in       a time of crisis.              JCT: You put the POLCOA and BENO cards into the game. Can you actually       explain to us the reasons the judge said that Parliament Only       legislating was wrong, did he have any example to cite of someone else       legislating new law? Bet not. So why worry if all he can do is say       it's wrong because it's been found wrong but not being able in any of       them to explain to you why it's wrong that Parliament Only       Legislates!              And that Courts may only abrogate. Does he have any other examples of       courts reviving penal sanctions without Parliament? Bet he dished out       the fire without any of the heat.              Actually, there is only one other instance in Canadian jurisprudence       when a penal sanction was enacted by a court without Parliament! It       wasn't legislated into the criminal code, just a judge saying he'd       decided to create a new offence, and then have that blurb added as a       court citation to the Code. Why has no one ever heard of it? It was       one of my cases. In order to get me.              I'd found a loop-hole in the gaming house law and been acquitted and       was running a 28-table underground game. And a judge decided to find       that my being so much better than everyone else made it illegal. So       they just added the citation to the law: the gaming house definition       has been expanded to include the winnings of an exceptionally-skilled       professional gambler. So the judge made it illegal for the guy running       the game to be a winner!! Just by saying so and them adding the       citation to the Code without Parliament. To stop me from taking over       the gambling industry in Canada. With billions at stake, they can find       a judge to say he made new law! Doubt anyone else has been busted for       the new law that running a game while being too good is a crime.              So right in the Criminal Code is the proof of their corruption. A       judge enacted a penal sanction and no one remembered their law school       POLCOA. Actually, it works the same way everywhere! Try asking a US or       UK lawyer if anyone but Parliament can create a law to jail you like       we do in Canada where the courts have ruled that only Parliament       legislating is wrong! Har har har. Doesn't that keep sounding so       comedic?              CE: I'm letting myself get caught up in their headgames which are an       infinite rabbit hole. Time to take some John Turmel guerrilla law       inspiration and when the going gets tough, put your head down and get       typing. Wordstars aren't born overnight you know....              JCT: It's true I can skirt the very edges or disrespect and even       contempt for my low-tech adjudicators in arguing back, something I'd       not recommend (getting the audience to laugh at something the judge       said) but gets remembered whether you're jailed or not. Came closest       with Justice Lederman of the Parker-Hitzig-Turmel case. One witness       called it the shoot-out at Alice's Restaurant (never seen it). He       didn't dare bust me and I dared slap his brain around at that late       point.              My response:              Jct: Sounds like you didn't put the judge on the POLCOA Prong!       Interpretation Act 43a says you can't revive a dead law in one act by       fixing something in another. The Hitzig Court says they fixed the MMAR       to revive the prohibitions in the CDSA. So we say:       Who are you going to obey? Parliament or the Ontario Court of Appeal?       Sure, the Crown will point at a dozen judges who obeyed the Hitzig       Court instead of the Interpretation Act. (Looking him right in the       eye:) Who are you going to obey?       And what's really funniest, ask any lawyer, they were taught that only       Parliament legislates penal laws though the courts may abrogate the       bad ones. Then point out how the courts have recently rejected the       argument that: Parliament Only Legislates; Courts Only Abrogate! Har       har har har har har.       Then cite the half dozen times that the JP decision says there was No       Offence for the years between 2001-3 when there was a Bad Exemption,       and how many courts have recently found "Bad Exemption means No       Offence" to be wrong! Har har har har har har.       Anyway, I will eternally regret not having appealed the Voss case at       the SCC because it was one of mine, Elisha McDermott and John Voss!       and I could have but was too swamped. Heck, I can still appeal Voss              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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