JCT: Mike's mom, Mrs. Elvira Fisher, came with us to Osgoode
Hall where we saw that Motions Court was being held before
Madam Justice Simmons, the third Judge in the Simmons,
Goudge, Doherty Deed. I wasn't sure if it was good news or
bad news. She's a good administrator but was in on a bad
decision.

But, would you want to be Justice Simmons and have me bad-
mouthing her online not only for the Hitzig resurrection but
also for the refusal to release a non-dangerous Mike South
to society? So I didn't think having her was necessarily all
that bad.

Of course, R. v. South wasn't on the docket and I was going
to have to ask to have it included on what seems like short
notice. Justice Simmons was used to granting my unusual
requests so it's unlikely I was going to be dissed.

Peter DeFreitas, one of the two Crowns in the Windsor J.P.
case, came in and I asked if he was there for the inmate
appeal. "Yes." Good. But he said that he didn't think it was
going to be going forward today but we'd leave it up to the
judge. I wonder how many inmate appeals a senior Crown like
DeFreitas has done recently. With the Crown here, it'll have
to be easier to force it onto the docket.

When the court registrar came in with her 4 files for the
day, I approached with a copy of Mike's Notice of Appeal and
Application for Release Pending Appeal and said that it was
being brought on 3 days notice and we wanted it heard even
if the warden hadn't sent it along fast enough. She
corrected me that it was the "Superintendent."

She asked if I was his lawyer, I had to say no. She tried to
say "no way" but I pointed at Peter and said "The Crown and
I are here and we're ready to go so you may as well.." She
curtly cut me off with an "Okay. Take your seat." Fine. Even
Mrs. Fisher noticed the nasty reaction.

In my sheaf of papers I had included the Inmate Notice of
Appeal and my letter of introduction explaining how the
jail was slow in the transmitting the info which is why we
were there with his mother.

Terry Parker showed up in support and I should have had him
sitting beside me but erred in the placement of my resources
which it cost me big not having my side-kick at my side like
the other four appearances we'd had before Simmons!

Justice Simmons came in and, as expected, said that she
would be dealing with the new matter first. Wonderful.

Peter DeFreitas explained how he was needed in another court
at 10:30 and having one of their senior Crowns asking for
quick attention worked to our advantage. She noted that the
Applicant had the right to be there to speak for himself,
that she realized that John Turmel was here but wasn't a
lawyer and could not speak, but that the inmate's mother was
here. She said there were insufficient materials for the
"bail hearing" to go on.

Now, that took me by surprise. I've been released pending my
appeal and did not have a bail hearing. But when I sprung
Ray Turmel from his 18 months in Bordeaux Montreal, he did
have to make the trip to the appeal court to end up released
but he didn't need more than proof he filed his appeal and
that his release wasn't a danger to society. I guess it's
the materials from the Crown side that were lacking due to
the Superintendent's delay, but no materials lacking from
our side.

It came out that Mondays were the actual Inmate Appeal days.
and the next one would be next Monday Dec 20. There was a
duty counsel there for any Inmate Appeals.

The judge said there was no way that anything could go
forward today without more materials and she put Peter on
the spot to have all the transcripts and materials ready for
the hearing next Monday. Yes, he'd get a couple of people to
work on it right away.

Then she asked the Duty Counsel if she'd be there to help.
Yes, on Monday.

So Justice Simmons ordered:
a) the Crown to have all materials ready by next Monday;
b) Mike gets brought to Toronto for his hearing next Monday,
a rare kind of once-in-a-life-time adventure in Ontario's
highest court and through Ontario's highest jail;
c) duty counsel will be present to help.

The real good news is that under the normal circumstances,
an inmate would probably have to wait until the Crown gets
the materials put together. This must take a long time,
transcripts etc., and this sure fast-tracked Mike's case.

She did point out that we could come back before the end of
the week regardless unless we chose to wait for the regular
day on Monday with the Duty Counsel's help. I asked if I
could speak as a friend of the court but she said no. That's
when I regretted not having Terry beside me. I'd have been
able to rebut: "You let me speak for Terry before you, why
not Mike?" Ah, too bad.

Mrs. Fisher looked at me and I didn't even think twice about
waiting 3 extra days. I said "we come back next Monday."

With the help of Duty Counsel to present Krieger.

With a different judge. No second chances to err.



--
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