From: johnturmel@yahoo.com   
      
   Jct: Aaarrrrggg! Crown Attorney Andrew Brown who is   
   prosecuting Voytek Krzyz in St. John's Newfoundland for   
   having his pot stored at the wrong address told the court he   
   needed to file a Notice of Constitutional Question for his   
   S.601 Quash motion to declare marijuana prohibitions no   
   longer known to law because Parker shot them down, not   
   because we want to shoot them down again.   
      
   EDMONTON POT RETURN PRECEDENT   
      
   In 2011, Voytek had applied for an ATP but was busted in   
   Edmonton Alberta before it arrived and faced a life sentence   
   for just over 3K! Like me on Parliament Hill but I was   
   trafficking to the Prime Minister and the Supreme Court.   
   Then he got his permit allowing him and his wife to store   
   44Kg, 96 pounds.   
      
   He then filed the motion to Quash under S.601 of the   
   Criminal Code and another under S.24 of the CDSA for Return   
   of the Controlled Substance.   
      
   At his first Oct 17 2011 Edmonton appearance, the Justice   
   slammed the Quash Motion on the desk and told the Crown to   
   resolve it (make it go away?).   
      
   On March 12 2012, the charge was "withdrawn at request of   
   the Crown. Seized property to be returned to accused   
   including marijuana!"   
      
   So Voytek, like Derek Francisco first, got his CDSA S.24   
   Order for the return of medicine because getting the ATP   
   even after the bust still proved they needed it at the time   
   of the bust too.   
      
   NEWFOUNDLAND WRONG ADDRESS   
      
   But moving his stash from BC to Newfoundland after Justice   
   Manson had extended his permits but then also not permitted   
   any amendments got Voytek into trouble.   
      
   So Voytek is one of the Heaven Eleven now asking the Federal   
   Court of Appeal to allow his permits to be amended,   
   retroactively would be nice, for storage in Newfoundland and   
   being legal there would certainly help his case. He'd   
   brought half their stash to the new province and getting it   
   back is important.   
      
   The Crown Attorney is Andrew Brown with Provincial Court   
   Judge David Orr presiding. Voytek's lawyer Ken Mahoney   
   informed the Court he was withdrawing as counsel for Voytek   
   to self-defend. After Voytek finishes with my offensive   
   motions, he can come back when he's needed for defensive   
   expertise; picking apart evidence is not my forte. I usually   
   offer an Agreed Statement of Facts. Might again.   
      
   So Voytek asked to set a date for the Quash motion. Crown   
   Brown responded that since it raised constitutional   
   questions, Mr. Krzyz had forgotten to serve the 14   
   provincial Attorneys-General. The crowd of lawyers had a   
   good chuckle at the self-defender who forgot such a basic   
   requirement as giving notice to the provinces when you want   
   to strike down a law across Canada. Ha ha ha.   
      
   I was cringing at the back knowing I'd put "This is a non-   
   constitutional" motion right the Quash document and it was   
   going to be a waste of time. Judge Orr was gentle with the   
   newbie. He said: Mr. Krzyz, the Crown says you've made the   
   basic error. Voytek said: I didn't have to do it in Alberta.   
   I'll do it later! Judge Orr said he had to do it 30 days in   
   advance and booked the hearing two months away giving   
   Voytek plenty of time to serve his Notice of Constitutional   
   Questions within 30 days of June 25. Crown Brown said he'd   
   send Voytek a letter explaining what issues the provinces   
   had to be given notice of.   
      
   Sure, I'll waste my time and file a Notice for anything he   
   thinks should be served to make sure he has no reason not to   
   be ready to deal with the Quash motion on June 25.   
      
   BAIL VARIATIONS   
      
   In the afternoon, Ken Mahoney had filed a motion in the   
   Newfoundland Superior court to vary Voytek's bail conditions   
   to let him go on a pre-booked trip to Poland in May and drop   
   the usual harsh and silly conditions like   
   1) no cell phones in an era when it's a lifeline,   
   2) no communicating with anyone with a criminal record when   
   too substantial a number of Canadians have one;   
   3) have to sign in at the cop shop once a week when   
   Vancouver cops say they have better things to do; think   
   about how that pre-trial punishment disrupts lives for no   
   good reason;   
   just the usual irrelevant pain-in-the-neck conditions to   
   inconvenience, and maybe imperil, the bailed accused. Call   
   them mini-tortures of a more barbaric era.   
      
   The Crown consented to the Poland trip but wouldn't give on   
   any conditions. They fought over the no cell-phones   
   condition for hours but to no avail. All conditions   
   continued.   
      
   I really chafe at the idea of some people travelling back   
   roads without any communications in case of accident or   
   other disaster because 30 years ago, only criminals and   
   lawyers could afford them. Made sense then. In this era,   
   cutting people's communications would seem to be some kind   
   of violation of the Right to Life and reduce the odds or   
   survival. Voytek has epilepsy so imagine being unable to   
   call if ever he had a seizure in the wrong place. Maybe he   
   should apply to vary the condition again on June 25 for the   
   general strike down of this automatic condition on everyone?   
      
   I'd also like to someday challenge the "no contact with   
   other criminals" in a nation of so many citizens with real   
   and bogus criminal records. Remember, in 2003, they dropped   
   the last 4,000 charges after J.P.'s charge was quashed while   
   there was a Bad Exemption and No Offence but no one expunged   
   any of the 100,000 bogus convictions during that 2-year BENO   
   period even after I'd asked the Supreme Court of Canada. So   
   what about people with bogus convictions? Can he hang around   
   with them? And if POLCOA is proven, the half million   
   convicted since 2003 as well.   
      
   So I'd say demanding we serve a Notice of Constitutional   
   Question is Newfie Crown Andrew Brown's 1st Goof of the   
   case! Now waiting for his letter to see what I'll have to   
   write about.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)