JCT: Parker was supposed to be heard last month but Judge
Clements couldn't show and it got put off until July 26. New
news since then let me fax this off this morning:
ONTARIO COURT OF JUSTICE
(Criminal Division)
Between:
Terrance Parker
Applicant
and
Her Majesty the Queen
Respondent
SUPPLEMENTARY WRITTEN REPRESENTATIONS
1. Applicant is claiming the return of marijuana on the
basis that the prohibition on the possession of marijuana in
S.4 of the CDSA was no longer known to law at the time it
was seized by Canada Post in 2006.
2. Applicant argues that the S.4 prohibition on possession
of marijuana remains no longer known to law since it was
repealed pursuant to S.2(2) of the Interpretation Act by the
"Parker I" Court of Appeal in August 2001 despite the
"Hitzig" Court of Appeal ruling in October 2003 that they
could unrepeal the over-2-year-old invalidation to which
Applicant rebuts only Parliament legislates new law.
2.
http://cannabislink.ca/legal/r_v_long.htm is a copy of
the judgment that made news across Canada last week where
Justice Borenstein ruled in R v. Long that the S.4
prohibition became again no longer known to law in Dec 2003,
just two months after the Oct 2003 Hitzig resurrection of
prohibition, because the Government re-instituted some of
the provisions that had been struck down as unconstitutional
by the Hitzig court. A "gimme."
3. Whether the Hitzig Court had the power to
unrepeal the Parker Court's Invalidation for two months
until the Government's fumble in Dec 2003 caused prohibition
to become unconstitutional again, an "on-off-on-off"
judicial procedure, the S.4(1) prohibition on possession of
marijuana is repealed at the present time; at the time of
the seizure in 2006; and since Dec 2003.
Dated at Brantford on July 23 2007.
___________________________
Agent for the Applicant,
John C. Turmel
8-37 Colborne St. E.
Brantford, N3T 2G3,
Tel/Fax: 519-753-0645
Email:
turmel@...
JCT: Of course, we know from Max Cornelssen's case that the
Crown claims it isn't a "gimme" because they covered the
need elsewhere first. So they're covered but the court says
the cover wasn't legislated right, even if they claim it
works.
We'll know 10am Thursday July 26 2007 in Brampton Court.
--
Abolitionist Debt 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 USENET blog: alt.fan.john-turmel