>Date: Mon, 04 Sep 2006 01:12:42 +0000
>From:
paquettemarc@... (Marc Paquette)
>Subject: Re: TURMEL: Parker examines Crown re medpot
seizure
>To:
MedPot-discuss@yahoogroups.com
MP: LOL John and Terry - that's an "Ace", and our Friend
Terry should win! :) Justice Chapnik didn't have the
authority to overule Justice Romain Pitt's decision in
protecting Terry's Constitutional medical marijuana
exemption - until our government complied - and they NEVER
did!
JCT: And they now have to prove that the two decisions by
Chapnik J. and Feldman J.A. under civil procedure rules were
valid in setting aside Justice Pitt's criminal jurisdiction
decision that could not be set aside under criminal rules.
And they got away with it so far. No matter what, it makes
full exposure and fun of the inane rulings of Ontario's
highest 3-judge court!
MP: Oh boy, I believe that the Crown will regret it's move
in not giving back Terry's legal medicine - and also for
saying that he has NO valid protection against prosecution!
JCT: You'd think they would have avoided a fight with the
Terry Parker who won his case on need for epilepsy medicine.
Someone decided to have Canada Post intercept Terry's mail
and that someone would have to be pretty high up, one would
think. I still don't even know if Canada Post is allowed to
inspect our mail. Maybe Mark Coulter will be able to explain
where the Crown gets its power to search Terry's mail.
Besides, if Canada Post is searching mail, I want all of
Canada's herb traffickers to switch to private couriers.
Searching Parker's mail has so be some kind of warning.
So let's ask the Crown under oath who sicced Canada Post on
Parker.
I can tell by the inclusion of some Health Canada phone
reports that they are going to ask Terry why he hasn't gone
doctor-shopping for another doctor to sign his Exemption
Application.
I told Terry to say that since he's protected by Pitt until
Health Canada takes over, it's up to Health Canada to
satisfy his doctor, not up to Terry to find a doctor who has
been satisfied.
Of course, I've heard of some horror stories about sick
people like Marc's friend with Crohn's disease who can't
find a doctor to sign. I'd sure love for Terry to have a few
names to go with the horror stories of forcing sick people
to find as doctor who will ignore their Association or
insurance company's recommendation not to participate. It's
up to Health Canada to satisfy Parker's need, not up to
Parker to satisfy Health Canada's need. Parker doesn't have
to do anything until Health Canada's satisfies his doctor's
requirements.
MP: Kudos my Friends - Good Luck! :) Marc
JCT: No kudos yet, we all know how illogical low-tech
"reject-from-math-class" judges can be. But pass the word
along that Terry would like to have a few stories about the
pains of doctor-shopping and why Terry has good reason to
stick with the Pitt protection.
This case is exciting because the Court of Appeal come
across like a panel of incompetents who have forgotten that
Superior Courts can dispense with service altogether when
necessary so there can't be any improper service.
And the Court did say it was proper to set aside Pitt's
criminal Order in Civil Court because it had been improperly
served. Har, har, har, har. And when the Crown finished
lawying, this judge is going to have to agree that Pitt's
criminal ruling was set aside as an improperly-served civil
court default judgment because his bosses say so.
It's incredible how many judges have besmirched their
life-scrolls to be good little Nazis and "just obey orders"
from above no matter whether right or wrong.
September 19 should be quite a Battle Royal on the Court's
"Superior Courts may dispense with service except for
Justice Pitt, maybe because he's black. And I get to play
Terry's cards!
I had even abandoned appealing the "improper service"
decision to the Supreme Court of Canada, it was just too
silly to bother with considering Parker's Pitt protection
was still working. But now they have challenged Pitt raising
the Court's silly decision. They it was behind them and now
one of their biggest boners gets to be raised by the Crown
to be fought to the top and embarrass them. Imagine, the
Court of Appeal didn't remember Superior Court Criminal
Rules say a judge can do anything anytime anywhere with no
service necessary.
I hope the Crown appreciate how the Court of Appeal aren't
going to appreciate having one of their ludicrous decisions
raised again. I would have relished the fight I could have
then made (though it was too silly to continue in civil
court) and relish my chance to do an in-depth analysis of
one of the most obvious screw-ups in judicial history. By 3
of Ontario's highest judges. Doesn't inspire confidence,
does it?
Anyway, we'll see what happens at Examinations for
Discovery on Sep 8 before the big joust on Sep 19.
--
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