JCT: This is my first report on a new series of Krieger
challenges in the Quebec Courts. As many know, my brother
Ray lost his Supreme Court of Canada challenge is back in
the Gatineau jail. While there, he convinced half a dozen
people to file appeals and applications for extensions of
time to file late appeals with another half-dozen ready to
go.
There have been radio reports on CJRC-1150 in Ottawa-
Gatineau but this is the Le Droit report. I'll just publish
it with all its distortions and lies and a few comments
while preparing the full report with all the background
leading up to it that I had not wanted to post until I was
sure they were in.
http://www.cyberpresse.ca/actualites/article/article_complet.php
?path=/actualites/article/29/3,722,0,072005,1116133.php#haut
Le Droit Ottawa
by Jean-Frangois Plante
Bernis par les Turmel et diboutis par le juge
- Duped into error by the Turmels and flattened by the judge
Convaincus par les frhres Raymond et John Turmel que leurs
droits ont iti bafouis alors qu'ils purgent des sentences en
relation avec la production ou la possession de marijuana,
trois plaignants ont iti diboutis par un juge de la Cour
d'appel du Quibec dans leur requjte pour obtenir une
extension de leur dilai d'appel, hier.
- Convinced by the Turmel brothers Raymond and John that
their rights were being violated as they purge sentences
relating to the production or possession of marijuana, three
applicants were yesterday knocked down by a judge of the
Quebec Court of Appeal in their motion to obtain an
extension of their time to appeal
Le juge Pierre Dalphond a carriment rejeti leur requjte,
ivoquant un manque de motifs sirieux pour revoir la dicision
de la Cour du Quibec ou pour leur accorder toute extension
de dilai.
- Judge Pierre Dalphond squarely rejected their motion
invoking a lack of serious grounds to appeal the decision of
the Court of Quebec or to accord them an extension of time.
JCT: Krieger at the Supreme Court of Canada was the only
ground offered and it seems like Judge Dalphond can't read.
Or can't read English very well. Just a cheap judicial shot
from a judge ignorant of the law. Har har har har. A judge
ignorant of the state of the law.
Qui plus est, les trois individus de l'Outaouais se sont
prisentis sans avocat lors de leur comparution itant donni
que les avocats de l'aide juridique ont refusi de les
reprisenter puisque la requjte ne respectait pas les
exigences minimales en matihre de procidure.
- On top of that, the three Outaouais individuals had
presented themselves without attorneys during their
appearance given the Legal Aid lawyers have refused to
represent them because the motion does not meet the minimum
requirements in matters of procedure.
JCT: Of course, this is a complete lie. The Notice of Appeal
was exactly the same as the one used in Ray Turmel's 2002
appeal. The application for an extension of time to file a
late appeal is pretty simple. So there was no procedural
irregularity and reporter Jean-Francois Plante just lied.
Pierre Desrosiers, un des procureurs de la Couronne ` agir
dans le plus ricent dossier de Michael Funk, Larry Dupont et
Stiphane Privert, a mentionni qu'en 21 ans de carrihre, il
n'avait jamais iti timoin d'une requjte aussi hors normes.
- Pierre Desrosiers, one of the Crown prosecutors in the
most recent case of Michael Funk, Larry Dupont and Stephane
Prevert, mentioned that in all his 21 year career, he had
never witnessed an application so out of the norm.
JCT: Okay, so the Crown Attorney lied about it being
procedurally wrong and the reporter just repeated the lie.
"La requjte n'a pas d'allure et n'a aucun fondement en
droit.
- "The motion makes no sense and has no foundation in law.
JCT: The Supreme Court of Canada ruling that Krieger struck
down S.7 makes no sense? Only to a mentally-handicapped
lawyer.
"Ils se sont laissis embarquis par n'importe quoi en
laissant sous-entendre qu'ils avaient des droits qui
n'existent pas", a-t-il diclari ` sa sortie de la salle
d'audience.
- They let themselves be fooled by nothing of value by
arguing they have rights that do not exist," he declared
upon exiting the courtroom.
JCT: So the right to cultivate once Krieger struck down S.7
does not exist, according to this law-school graduate.
Trois autres plaignants, Rodney Barkley, Pierre Landry et
Marcel Mercier avaient l'intention de formuler la mjme
demande sous la recommandation des frhres Turmel, hier, mais
ils n'itaient pas prisents pour toutes sortes de raisons.
- Three other applicants, Rodney Barklay, Pierre Landry and
Marcel Mercier had the intention of filing the same demand
under the recommendation of the Turmel brothers, yesterday,
but they weren't present for all sorts of reasons.
JCT: The jail did their best using "all sorts of reasons" to
try to stop them from being able to file their papers but
they only managed to impede the papers of some while the
others got through. My full report will detail how the Legal
Aid and the Correctional Services managed to stymie the
their hearings "for all sorts of reasons."
Ils devraient tenter d'obtenir une extension de leur dilai
d'appel le 10 ao{t.
- They will try to get an extension of time to file their
appeals on August 10.
JCT: That's right. They'll be heard on August 10. And
another one that the report didn't mention managed to get in
for August 3! It ain't over and it won't end.
John Turmel, qui est sous la loupe du Barreau parce qu'il
n'a pas de dipltme en droit, agit techniquement ` titre
d'avocat pour les six plaignants, mais il n'itait pas
prisent lors des comparutions des trois individus au palais
de Justice de Gatineau hier.
- John Turmel, who is under the magnifying glass of the Bar
because he has no diploma in law, acts technically under the
title of "lawyer" for the six plaintiffs but he wasn't there
during the appearances of the three individuals at the
Gatineau Courthouse yesterday.
JCT: Why they took them to the courthouse for their
telephone hearing is another interesting story.
Depuis un certain temps, les frhres Turmel s'acharnent `
contester la constitutionnaliti de certains articles de la
loi, contestation qui n'a meni ` rien jusqu'` maintenant.
- For quite a while now, the Turmel brothers work to contest
the constitutionality of certain sections of the law,
opposition which has resulted in nothing so far.
JCT: I guess the 4000 charges dropped in count for nothing.
Har har har har. Lying or ignorant reporters exposed on the
same day.
Le plus souvent, ils font rifirence ` la section 7 de la Loi
sur les stupifiants qui, selon eux, devrait jtre diclarie
inopirante et enlevie du Code criminel en vertu d'une
dicision de la Cour d'appel de l'Alberta.
- Most often, they refer to Section 7 of the Controlled
Drugs and Substances Act which, according to them, should be
declared invalid and removed from the Criminal Code by
virtue of an Alberta Court of Appeal decision.
JCT: Notice they can't mention the name of the super
important case: Krieger, nor that it is from the Supreme
Court of Canada, not just the Alberta Court of Appeal. And
notice they can't get it right that we want S.7 to be
removed from Criminal Code because it was declared invalid.
It's not that we want S.7 to be declared invalid again,
Krieger already did that. But we do want it out of the Code,
Krieger didn't do that.
Le dossier albertain concerne un individu dont les motifs de
consommation impliquaient la notion de valeur thirapeutique
ce qui, selon le ministhre public, n'est pas le cas avec les
six plaignants dans le prisent dossier.
- The Alberta case concerns an individual whose grounds for
consumption invoke the notion of the therapeutic value
which, according to the Crown, is not the case with the six
plaintiffs in the present dossier.
JCT: They're using the "it's only for sick guys" argument
again but can't explain why the 4000 charges dropped weren't
all sick guys and included healthy guys too. Keep this
argument in mind whenever they use the "law only died for
sick guys" argument. The Crown's actions belie their words.
Michael Funk, par exemple, itait celui qui entretenait une
serre souterraine ` Thorne dans le Pontiac, l`oy la SQ avait
fait la dicouverte de plusieurs milliers de plants de
cannabis.
- Michael Funk, for example, is the one who had an
underground grow-house at Thorne in the Pontiac where the
Surete du Quebec had made the discovery of several thousand
cannabis plants.
JCT: No one's use the excuse of wanting it for medical
prevention like I'll be using in my trial.
So that's just the surface story. The judge was completely
ignorant of the Krieger case and stayed ignorant even though
we mentioned it in the paperwork. Actually, the only
document we used was the Supreme Court of Canada bulletin
for Krieger where they admit the S.7 was declared
inconsistent. I guess I should have also included Frankel's
admission it was declared inconsistent. Maybe the judge
wouldn't have chosen to remain ignorant had he known the
Crown were saying the same thing we are saying now.
Krieger Note:
http://www.cyberclass.net/turmel/kriegsc2.htm
http://www.lexum.umontreal.ca/csc-scc/en/bul/2003/html/03-12-23.bul.html
Anyway, seems everyone's stuck with Dalphond again on Aug 10
so I'm going to send them some written representations to
try to overcome the judge's manifestedly persistent
ignorance of the state of the law. Sad to compare the
quality of a judge from the highest court in Quebec against
the judges of the highest court in Alberta. Of course, maybe
he can't read English as well as they can and the Supreme
Court Bulletin for Krieger is all English.
Anyway, I'm tired of facing judges ignorant of the state of
the law. Then again, I wonder how Judge Edward of Judge
Sheppard have felt every time the convicted someone in the
past year since they found out about Krieger?
And I'm still looking for anyone in Ontario who was
convicted of simple possession between Aug. 1 2001 and Oct 7
2003 to file a late appeal now that the court admitted the
law was dead. Remember that the Crown hushed up the fact
that 100,000 people were convicted while the law was invalid
and the best way to start exposing their crime will be to
have the first appeal filed.
Regardless, the Gatineau Gang's Jail Break is an ongoing
affair with each new arrival being able to launch newer and
newer applications. Remember how Dominic Gravel's case was
wrongly dismissed by Judge Plouffe who didn't realize that
S.601-style challenges to the existence of the law are not
constitutional challenges that need service to both the
provincial and federal crowns. And Judge Bedard ignorant of
the same thing, twice. Until finally, having had to explain
how both Plouffe and Bedard were wrong, Judge Turpin finally
dealt with the motion.
Are we going go have to go through the same process, telling
the next judge how the previous judge screwed up until we
find one who doesn't want to be a screw-up too? So far, the
reporter didn't tell us what the judge said about Krieger,
not having be able to even name the case we're relying on.
That will come as the prisoners file their recollections on
their hearing with me.
So stay tuned as the Gatineau Ganja Growers keep trying to
break out of jail.
--
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