JCT: I just got the Supreme Court of Canada Leave
Application records back from the printed at 5:45 for both
the Lederman and Aitken appeals. So everything is on for
tomorrow. Plus I've decided that it's not too often I get
to file two applications, never have, so I've decided to
make the trek to Ottawa and file them personally and then
have a press conference. At least the French media will
come.

I must admit that it was hard to pick which cases to cite
from, they all admit the courts should not be changing
legislation in striking down statutes though sometimes they
must but no one's ever had the situation where a court would
presume to do Parliament's job and strike up a statute.

And I had to focus on the heart of the matter. My Lederman
Resurrection Opinion appeal record is 212 pages with a 10-
page Memorandum-Factum. My Aitken "Judges'll Remember"
appeal record is 16 pages with only a 4-page Memorandum.

The reason I had to keep it short and sweet is that when
Doug and Laurie Nielsen get people to follow in their
footsteps, those charged people have to be convinced to
fight in the first few lines. I think my 4-line overview is
the most powerful thing I've ever written:

"1. On July 31 2000 in R. v. Parker, the Ontario Court of
Appeal Ordered "the marijuana prohibition in s.4 of the CDSA
to be invalid." On Mar 18 2003, the Alberta Court of Appeal
Ordered the repeal of s.7 and s.4 of the CDSA. On Oct 7 2003
in Hitzig v. HMTQ, another Ontario Court of Appeal opined
but refused to Order that "prohibition is now no longer
invalid, but is of full force and effect." Lower courts are
enforcing the new court-enacted legislation. Applicant
submits Parliament Only Legislates, Courts Only Abrogate.

JCT: What did anyone expect? A long-winded tour through case
law? Or "prohibition to be invalid" versus "prohibition no
longer invalid."

So what am I asking for?

41. Applicant seeks leave to appeal the Oct 7 2003 judgment
of the Ontario Court of Appeal for:

1) an Order overturning the court's opinion which has been
deemed by lower courts to resurrect the prohibition on
cannabis in s.4(1) of the CDSA and declaring that the
prohibition on marijuana remains repealed since Aug. 1 2002,
Terry Parker Day;

2) Order of Mandamus compelling the Attorney General for
Canada to withdraw all current s.4(1) prosecutions.

3) Order of Mandamus compelling the Attorney General to
release all prisoners and expunge all convictions registered
under s.4(1) of the CDSA since:
a) the Charter was enacted; or
b) Aug 1 2000 when the section was deemed unconstitutional; or
c) Aug 1 2001 when the section was deemed repealed.

JCT: The overview of the Aitken appeal is:

"1. Section 4 of the CDSA says it is illegal to possess
anything on Schedule II of banned substances. Schedule II
has "marijuana" on the list. When the marijuana prohibition
in s.4 of the CDSA became invalid, the only way to effect
the repeal of the prohibition without adding the words
"except for marijuana" in Section 4 left only the deletion
of "marijuana" from Schedule II of banned substances."

So what did I ask for?

11. Applicant seeks leave to appeal the Oct 7 2003 judgment
of the Ontario Court of Appeal for an Order declaring that
the word "marijuana" was deleted from Schedule II for all
sections of the CDSA.

JCT: The Lederman appeal keeps marijuana prohibition dead and the
Aitken appeal deletes marijuana off the list for all offences.

So, tomorrow, I will be

- in Toronto at the King Street Tower of the Attorney
General for Canada serving them their copy of the
Applications

- at Osgoode Hall down York Street doing a protest against
the Court of Appeal's Hitzig Resurrection Opinion;

- at the Supreme Court of Canada in Ottawa before 4pm for
filing and a 4:30pm press conference.

Then it's over, zoom back to Brantford and crash for a few
days.


--
Abolitionist Slave Leader John C."The Banking Systems Engineer" Turmel
for UNILETS interest-free time-based currency in U.N. resolution C6
to Governments in the http://www.un.org/millennium/declaration.htm
http://www.cyberclass.net/turmel 519-753-0645 USENET: can.politics