JCT: This are the Written Representations for Terry Parker's
upcoming May 07 2007 hearing for the return of marijuana
seized by Canada Post and turned over to the police. The
Crown has until Mar 5 to file their Factum in response and
then I have a week to file the Applicant's Reply by Mar 12
2007.

John C. Turmel
8-37 Colborne St. E. Brantford, N3T 2G3,
Tel/Fax: 519-753-0645 Email: turmel@...

Feb 5 2007

Judge Clements
Ontario Court of Justice
Brampton Ontario Fax: 905-456-4700

Dear Judge Clements:

These written representations for Terrance Parker have been
faxed to Christopher Leafloor at 416-952-0298 between 2pm
and 3pm on Feb 5 2007.

As for the Derek Francisco case, his appearance dates are:

Jan 05 2006: Charged with wife
Feb 02 2006: appearence
Feb 09 2006: appearance.
Feb 14 2006: Charges dropped against wife
Mar 09 2006: appearance
Apr 13 2006: appearance
May 29 2006: appearance
Jun 15 2006: appearance
Jun 29 2006: appearance
Jul 06 2006: appearance
Jul 27 2006: Charges Withdrawn by Crown Greenspoon.
Aug 21 2006: Section 24 Order returning the marijuana
prepared by Crown Greenspoon signed by Judge Morgan. Mr.
Francisco was not present. It is doubtful earlier
appearances have anything useful to offer.

Respectfully yours,
John Turmel
Cc: Chris Leafloor Fax: 416-952-0298

ONTARIO COURT OF JUSTICE
(Criminal Division)

Between:
Terrance Parker
Applicant
and

Her Majesty the Queen
Respondent

WRITTEN REPRESENTATIONS

This is the Section 24 application of Terrance Parker for
the return of a controlled substance, marijuana, seized by
Canada Post and turned over to the police who won't charge
Parker but will also not give it back. There are 5 grounds
for Parker's S.24 application:

1) Sheppard J. criminal court constitutional exemption for
cultivation remains valid despite a change in name of the
statute prohibiting cultivation.

2) Pitt J. criminal court extension of constitutional
exemption granted by Ontario Court of Appeal remains valid
despite being set aside as a "default judgment" pursuant to
the Rules of Civil Procedure and for improper service to a
court which may dispense with any service at all.

3) S.4 possession prohibition remains repealed pursuant to
the S.2.2 of the Interpretation Act once declared invalid by
the Parker Court of Appeal in 2001 despite S.4 being
resurrected by the Hitzig Court of Appeal for only being
being absent, not repealed, once being declared of no force
and effect by the Parker Court.

4) S.7 cultivation prohibition and by implication S.4
possession prohibition remain repealed pursuant to the S.2.2
of the Interpretation Act once declared invalid by the
Krieger Court of Appeal of Alberta in 2002.

5) With the MMAR failing to mandate that Parker's doctor
participate in the government's exemption program, S.7
cultivation and S.4 possession prohibitions cannot apply to
Parker because he grandfathered exemption for the sick.

1) Argument backing up the ground that Parker's Sheppard
exemption remains in force for cultivation and by
implication possession remains unchallenged.

2) The Pitt decision extending the criminal jurisdiction
exemption granted by the Ontario Court of Appeal cannot be
set aside pursuant to the Rules of Civil Procedure as a
default judgment nor for improper service to a court which
may dispense with service all together.

3) When asked where the Hitzig court got the power to
resurrect a statute that's been struck down, Greg Smith in
R. v. Nielsen et al is the only Crown Attorney to ever
explain that though there was no written authority, the
court wouldn't have done it if it couldn't do it so it can.
The Hitzig Court did not have the authority to order courts
in Canada to ignore the Interpretation Act that a statute
declared of no force and effect was to be deemed repealed
and to follow their order that such statute was to be deemed
merely absent until fixed, not repealed.

4) The Hitzig Court of Appeal did not resurrect the Section
7 cultivation prohibition, and by implication, section 4
possession, which had been struck down by the Alberta Court
of Appeal in 2002. Since those arguments are all being
raised in the 3 appeals of John Turmel in the Ontario Court
of Appeal on Feb 23 2007, the factums for the relevant
C44587 appeal against refusal to prohibit charges and C45295
appeal against conviction and failure to permit
constitutional challenge, are appended. Due to the volume of
case law, only the very important appendices used in
Prohibition Applications will be included herein:
App.1: 2000 Jul 31 Parker Ont.C.A. Order on CDSA S.4....(A1)
App.2: 2002 Dec 04 Krieger Ab.C.A. Memorandum on S.7....(A2)
App.3: 2002 Dec 05 Calgary Herald Krieger article.......(A6)
App.4: 2002 Dec 05 Calgary Sun Krieger article..........(A7)
App.5: 2003 May 14 Turmel holds back marijuana bill.....(A8)
App.6: 2003 May 16 S. David Frankel culpability clause..(A9)
App.7: 2003 Oct 07 Hitzig Ont.C.A. Order for MMAR fix..(A10)
App.8: 2003 Oct 07 Turmel Ont.C.A. Order for Parker Day(A12)
App.9: 2003 Dec 08 Turmel stays 4000 since Parker Day..(A14)
App.10: 2003 Dec 23 Krieger Supreme Court Order........(A15)
App.11: 2004 Apr 01 Turmel to A.G. for 100,000 more....(A17)
App.12: 2005 Nov 02 Affidavit of Scott Couper..........(A18)
App.13: 2006 Apr 17 Turmel Consolidated factum C44587..(B01)
App.14: 2007 Jan 28 Turmel Factum C45295...............(C01)
Any other cases cited are referenced by their web site.

5. On July 27 2006, a cultivation charge was withdrawn
against Derek Francisco in Lindsay Ontario after he received
his Health Canada exemption. The Court has a S.24 order
dated Aug. 21 2006 in which Justice Rhys-Morgan signed a
S.24 Order prepared by Mr. Greenspoon, Crown Attorney,
returning the controlled substance to Francisco though he
only had a generic claim to Krieger exemption due to illness
at the time.

Since ground 1 is an easy out, decisions on grounds 2, 3, 4,
and 5 which entail great judicial jeopardy can be left to
higher courts. These written representations are made in
support of an application for the return of a controlled
substance to Terrance Parker.

Dated at Brantford on Feb 05 2006.
___________________________
Agent for the Applicant,
John C. Turmel
8-37 Colborne St. E.
Brantford, N3T 2G3,
Tel/Fax: 519-753-0645
Email: turmel@...
TO: Ministry of Justice, Brampton
TO: The Registrar of the Court in Brampton


--
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