>Date: Sat, 15 Sep 2007 14:36:15 -0700
>From: willwrld@... (Noreen Evers)
>Subject: Re: TURMEL: Derek Francisco back in court on hash
>To: MedPot-discuss@yahoogroups.com

NE: Re Derek:
1. He might wish to argue his MMAR license which approves
dried marihuana only (as set out in the MMAR regulations)
and which doesn't include cannabis extracts like resin - are
in Charter breach, considering those who get the PPS product
are permitted to have resin. The evidence is found on the HC
website at:
www.hc-sc.gc.ca/dhp-mps/marihuana/supply-approvis/faq_e.html

At question 1; the answer 1 states:
Each of the side branches bearing smaller resin laden
flowering heads along the length and terminating in a dense,
conical, resin laden flowering head of mean length 25-45 cm.

I believe he probably already has a copy of the same which
was sent when his license was issued to attach as an exhibit
to an affidavit. Otherwise, print the internet pages out in
colour for the court - they have the Canada flag showing the
same to be a Gov't publication - which can then be submitted
as proper evidence.

JCT: Great help when Derek finally has to mount a defence.

NE: 2. The other items he should consider as evidence are
the HC stat sheets found at:
www.hc-sc.gc.ca/dhp-mps/marihuana/supply-approvis/results-resultats_e.html
which clearly show the PPS product to contain TCH, CBD etc.

JCT: Great stuff when he finally gets to need defence after
offence is done.

NE: 3. So I think he has very good argument before the court
that it's really not very fair that the exemptees who get
the HC product are permitted to have resin, THC, CBD, etc
whereas he is not simply because he grows his own supply -
and he is only permitted dried marihuana.

JCT: So Derek gets the chance to go on offence arguing the
Parker and Krieger invalidations of possession and
cultivation offences were never re-enacted and the
resurrections of those prohibitions permitted by the Supreme
Court of Canada remain ultra vires, beyond the powers of the
court. Only Parliament resurrects laws that have died. Even
York U. Law Professor Alan Young says his Hitzig case
resurrected the law. So Terry Parker's case had to have
killed it dead for Alan Young's case to resurrected it.
Hooray for Alan Young, Canada's medpot legal champion, cheer
the narcs who had been made unhappy by Parker killing it.
His supporters on the Marc "the Narc" Emery team cheering
too.
And if Derek doesn't convince the courts that courts can't
bring laws that have been struck down back to life, then he
also has a wonderful defence that it shouldn't be illegal
for a legal grower to possess resin from his plants. Har har
har har.

NE: 4. The other issue of course - because he does grow his
own supply - is that he, while not necessarily now but at
some point in future, might very well be subject to a jail
term of life in prison. One need only consider the above
evidence and compare this to the sentencing provisions found
at CDSA s. 7, especially 7(2)(a):
7. (1) Except as authorized under the regulations, no person
shall produce a substance included in Schedule I, II, III or
IV.
(2) Every person who contravenes subsection (1)
(b) where the subject-matter of the offence is cannabis
(marihuana), is guilty of an indictable offence and liable
to imprisonment for a term not exceeding seven years;

JCT: Good point. I faced a life-sentence from my bust on
Parliament Hill in 2003 for possessing 7 pounds of marijuana
for the purpose of trafficking to Prime Minister Chretien,
the Justice Minister, the judges of the Supreme Court of
Canada... I got a $1000 fine, 100 hours of community service
doing accordion concerts in old-folks homes (now complete
but unending) and 3 years probation (still on the double
danger hook for another year). Derek's facing 7 years for
his 2.6 gram bust. I guess he could argue it's
unconscionable, therefore a violation of some right.

NE: 5. This then seems to be an inconsistently applied CDSA
law, certainly I would think subject to a Charter 24.1
challenge which requests striking the CDSA cannabis
prohibition itself (not the MMAR/ and not marihuana)
pursuant to s. 52 - which can only be argued of course,
after election and plea.

JCT: Absolutely, Derek's got a great chance to attack the
law's resurrection with Parker and Krieger and then has a
great chance to be aquitted.

NE: Should only take 1 day in the actual trial court
hearing. He will need to give proper notice to the
appropriate Attorney Generals, again, only after election
and plea of mute.

JCT: But that's only his trial. There's the pre-plea
application to prohibit with appeals, application to quash
and decision, plea, constitutional challenge and decision,
finally trial prosecution, trial defence, trial decision.
Unless he gets my Judge Belanger who jumped from Quash
decision right to trial decision at the same time skipping
the constitutional challenge and defence.

NE: 6. Simple paperwork: the HC sheets of evidence; a copy
of his license; a copy of the MMAR regs showing marihuana
means 'dried marihuana'; the CDSA schedule II showing
marihuana and resin (and of course don't forget THC, CBD,
etc); and then all in combination with the separate CDSA s.
7 sentencing provisions of cannabis (marihuana) and cannabis
(other things). My thoughts only, but if you wouldn't mind
to forward to Derek. Noreen

JCT: Wonderfully cheerful information for the defence he may
have to use after his Superior Court Application for
Prohibition of charges, appeal refusal to Ontario's Court of
Appeal, seek leave to appeal refusal to Supreme Court of
Canada. Once he's been assured at the top that the
resurrection of the law by the courts is as valid as by
Parliament, then he returns below to do a defence which will
no doubt include all these great points.

Thanks for saving me much time and, no doubt, reassuring
Derek as well. Isn't medpot-discuss one great group! It's
why I always tell newbies to tell their story here. You
won't find any more knowledgable group about medpot law than
here on http://health.groups.yahoo.com/group/MedPot-discuss



--
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