JCT: Rudy Seegobin grew his own until he was busted for
cultivation. His "application to prohibit marijuana charges
on the grounds the possession and cultivation prohibitions
were never re-enacted by Parliament after they were
invalidated and deemed repealed by the Parker and Krieger
provincial Courts of Appeal" was slated for hearing on
Fryday December 15 2006.

Of course, because Rudy uses marijuana to cope with Crohn's
disease, he has legitimate medical need even if his doctor
won't apply for a government exemption.

But getting an exemption is a cinch against criminal charges
as evidenced my first withdrawal of charges against Robert
Neron in 2001.
Neron joins Burkholder in Fed Court Marijuana case today
http://yahoogroups.com/group/medpot/messages/45 2001 April 3

Neron wins Marijuana Exemption 2001 July 10
http://yahoogroups.com/group/medpot/messages/141

Health Canada allows Neron 54 Marijuana Plants 2001 August 22
http://yahoogroups.com/group/medpot/messages/182

Robert Neron wins grow room and seeds back 2001 September 26
http://yahoogroups.com/group/medpot/messages/206

Robert then held out for the return of his stuff and got it
btu I don't remember Robert getting his marijuana back.

Nor did the Toronto Trio, despite possession not being
illegal when their medicine was seized and them being
exempted to possess when it should have been returned but
Judge Sheppard ruling against a Section 24 Order for no
logical reason!

But Derek Francisco's case establishes that legitimate
medical need was exemption at the time of the bust. He got
his marijuana back! and all his gardening equipment, so
medical need had to have exempted him at the time of the
bust! Derek got his marijuana back even though he wasn't
"officially" exempted when he was busted.

But he was "unofficially exempted" a la Parker and Krieger.
He had legitimate medical need even though he did not have
legitimate medical permission from the Ministry of Health.
And legitimate medical need is just as valid to the court as
it should be to the the ministry who approve or reject
prescriptions by aplying doctors.

If your doctor won't help you apply for a Health Canada
exemption, you can get a constitutional exemption from the
court just by convincing a judge of medical need. Like Justice
Doherty ruled, bust everyone and the courts release those
with legitimate medical need. So if your doctor's
prescription of your medical need is rejected by Health
Canada as not fully explained, your doctor's prescription
can be accepted by a judge. If you can't get a medical
exemption from the government, you can get a medical
exemption, a la Parker & Krieger, from the court. Except you
have to be busted to apply!

The important point is that they tried to get Derek to plead
guilty in exchange for the return of his stuff but he held
out. So they finally withdrew all the charges and gave him
back his stuff rather than face a Krieger Prohibition
challenge or inevitaly dismissal due to legitimate medical
need.

So Rudy did find a doctor in the Toronto area and he has
applied for his MMAR exemption which, like Neron and
Francisco, should convince the Crown to withdraw the charges
and return all his stuff.

Since there's no need for Rudy to lose his prohibition
application and join Pierre Drouin's Section 7 appeal on Feb
23 2007 in Toronto (a perfectly analogous Krieger case),
he's better off just winning everything back, a la
Francisco, now.

Rudy says there were two Crown Attorneys for the hearing,
both looking very worried, but once the Perth judge learned
that Rudy had found a doctor and had already applied for a
medical government exemption which would obviate need for
hearing the Krieger prohibition or constitutional medical
exemption applications, he insisted on adjourning the
application to prohibit to Jan 26. Rudy could have his
exemption by then and his nightmare could be ended.


--
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