JCT: Another Gatineau Ganja Growers Jail Break going on
tomorrow. Gaetan Millette filed his appeal on time but his
hearing for release pending appeal to the Quebec Court of
Appeal got put off until tomorrow. Good news because it
means he's not going to get Justice Pierre Dalphond, the
judge who thought Krieger applies only to sick guys even
though sick guys aren't mentioned, only the law being struck
down in the Supreme Court of Canada and the Alberta Court of
Appeal judgments. He imagined it said the law was struck
down "for sick guys!"
But tomorrow, Gaetan gets another judge. Maybe who uses his
imagination less and his law book more.
Keep in mind that the automatic response whenever a judge
goes off on that erroneous tangent is to point out that the
Crown dropped all 4000 pending charges due to the Parker and
Turmel-Paquette applications for the Terry Parker Day
Declarations in December 2003, not just against sick people.
The law died for everyone, not just the sick people is the
answer to any judge who makes the "Dalphond" error.
So from now on, whenever a judge finds that the Krieger
decision only struck down the law for the sick, we'll call
that error the "Dalphond error."
Of course, Justice Goudge, of resurrection order fame,
granting leave to appeal to Mike South based on Krieger of a
possession charge, not even a cultivation charge, will
always be a useful precedent until it's ruled upon.
So Goudge gave it a chance and released the prisoner while
Dalphond did not give it a chance and did not release the
prisoner. Since they contradicted themselves, one of them
has made a boner and I have to bet it's the one already
famous for it.
And of course, there's the Ray Turmel precedent for release
pending appeal just a few years ago. So why John Turmel's kid
brother and not John Turmel's other friends?
So let's hope that Gaetan Millette gets a judge who uses his
law book rather than his imagination.
For the supporters of the inmates who are reading this, keep
in mind they don't know what's being said here and I'm
counting on you to pass it on to them when they call you.
Boy, I can tell you I'm not impressed with most of these
Quebec judges we've had in this past year. At least it's
going down in Internet history forever.
--
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