JCT: On May 27, 2009, Real Martin was sent by John KromKamp,
Senior Legal Officer, Appeal Scheduling Unit for the Ontario
Court of Appeal a :

JK: NOTICE OF HEARING

The Court Reporter's Certificate indicating that you have ordered
copies of the transcript required in the above titled proceedings
has not been filed in accordance with the Criminal Appeal Rules
and the court's Practice Direction on the Timely Hearing of
Criminal Appeals dated Feb 18 2003.

JCT: James Turner has submitted the Court Reporter's Certificate
and is still waiting for the required transcript.

JK: Take notice that the court has directed that this appeal be
scheduled for hearing in the Status Court of the Court of Appeal
for Ontario on: Wednesday June 17 2009 at 9am.

A Court Reporter's Certificate may be filed in person at the
Court of Appeal office or faxed to 416-327-5032 prior to the
hearing scheduled above. Unless the required certificate has been
filed, the presiding justice may direct that the matter be placed
before a purge court to be dismissed as an abandoned appeal or
make such other order as the Justice deems appropriate for the
receipt or preparation of materials required for the timely
hearing of the appeal.

Filing of the required certificate releases the parties from
attending the hearing.

If personal attendance is not possible, alternate arrangements
may be made to conduct the Status Court hearing by conference
call by contacting the Appeals Scheduling Unit by fax at 416-327-
6256.

Dated Wednesday June May 27 2009.
John Kromkamp
Cc: Kenneth L. Campbell, 720 Bay St. Toronto, M5G 2K1

JCT: As Real Martin's agent since his bust in the Parker Period
of invalidity in 2003, I'm organizing his appeal so I faxed:

From: John C. Turmel, B.Eng.,
Friday June 12 2009

Appeals Scheduling Unit
Court of Appeal for Ontario,
130 Queen Street West,
Toronto, Ontario M5H 2N5,
Tel/fax: 416-327-5020/5032

Re: Hearing June 17 2009 for Real Martin

I am the agent for Real Martin in charge of preparing his appeal
documents.

The court has directed that this appeal be scheduled for hearing
in the Status Court of the Court of Appeal for Ontario on June 17
regarding failure to file the Court Reporter's Certificate.

Appellant, in seeking an extension of time for being 1 day late,
sought to dispense with the transcripts since this is a question
of pure law and the transcripts are not necessary.

Before Appellant does seek a Court Reporter's Certificate from
the Cochrane Courthouse 300km away, Appellant once again asks the
court to dispense with the transcript.

Appellant cannot come to Toronto for the hearing and would like
to conduct the hearing by conference call. Appellant lives
without electricity or phone and will have to take the conference
call at a friend's at 905-362-7145. Appellant speaks almost no
English and would prefer that the hearing be conducted in French.

The only issue is whether the transcript can be dispensed with
before Appellant's factum can be filed.

Arrangements to ascertain the conference call may be made by
contacting agent John Turmel at 519-753-0645.
Yours truly,
John Turmel

Agent for Real Martin
RR1 Box 20 Coppell, ON, P0L 1N0
---

JCT: So this is what happens when you have a delay in the
preparation of your appeal. You explain to a Status Court judge
what the problem is and if it's not a good enough reason, he
passes it over to the required 3 judges of the Purge Court for it
to be dismissed as abandoned for lack of material.

If the Justice insists, Real will have to go to Cochrane
Courthouse 300km away from Coppell and put a down payment down on
ordering the transcript which he's not going to be referring to
anyway. But that's all it takes to get the Real Martin appeal
back on track: a Court Reporter's Certificate that he's ordered
the transcript.
Then both sides file their factum, the Appellant files a
Certificate of Perfection to book an appeal date.

Many who were following our "Big Five" appeals for Parker, Turmel
& Paquette" in 2003 will remember the Serendipity story where the
Crown couldn't get their Lederman appeal hearing scheduled before
the 6 months ran out without our Certificate of Perfection. It
was serendipitous that the Crown suddenly refused to pick up the
tab when I had promised Justice Charron that we'd produce them.
Except we couldn't afford the $350 filing fee so we couldn't file
it and the Crown didn't get their hearing scheduled and had to
ask Carthy J. for an extension of time that he later denied
because my chortling at them at my web site wasn't good enough
reason for it. Har har har. What fun that was. Search for
Serendipity around early to mid 2003.

This is important because James Turner is being railroaded by the
same Court of Appeal with the same Certificate of Perfection
issue. He's been waiting for the transcript that the Court of
Appeal Registry insists upon after the Ottawa Office didn't do it
right the first time so he can send it in with his Factum. Then
after the Crown files their factum, he files the Certificates of
Perfection and the hearing gets booked.

It seems the Crown found a back-room way of getting around the
need to have a Certificate of Perfection before you can schedule
an appeal that had been problematic back in 2003 and applies to
Real's appeal too because James suddenly received notice that his
appeal was being heard with the required transcript, without
either factum and without the Certificate of Perfection! Here is
the Turner correspondence leading up to the back-room side-step
of the Court of Appeal rules:

>Court of Appeal for Ontario Registrar Office
>April 1 2009

Dear Mr. Turner:
Re: C49904 R. v. James Turner

Our office is in receipt of your material for the appeal noted in
the line above. The transcripts could not be filed for the
following reasons:
1) It is missing the court reporter's signature;
2) We need 3 copies of the transcript, not 1; and
3) the front and back covers should be in red;
4) There was no affidavit of service provided with the
transcripts. If you have further inquiries, please contact us at
the number below. Thank you. Yours truly, Huguette Thompson
--

JCT: Then suddenly, this letter from the Crown Attorney's office:

>Public Prosecution Toronto
>May 29 2009
>C49904

HEARING: Tuesday June 16 2009 - 9am
Court of Appeal for Ontario
Court House, 5 Court Street Kingston Ontario

Please be advised that your appeal has been listed for hearing on
June 16 200 as noted above. Endorsed herewith please find a copy
of the Appeal Book we have prepared in this matter. Please note
that you are responsible for making your own transportation
arrangements to your scheduled hearing.
Kelly Low, Sr. Paralegal
--

>Date: Thu, 4 Jun 2009 10:16:37 -0400
>From: jimt155@... <James Turner>
>To: coa.e-file@...
>Subject: Re C49904

To Hugutte Thompson.
Re c49904 R v James Turner

Hello as to your letter dated April 1st stating that you had to
return the transcripts to me due to multible mistakes, I'm still
awaiting transcripts but the reporter is seriously ill and that
is causing the delay.
Once I receive them I wish to file a factum before any hearing
date can be set and heard and I also request that my appeal be
heard in Toronto.

On June 1st I received my appeal book from the crown's office 130
King street Toronto and a letter stating my appeal date has been
scheduled for june 16 in Kingston. But until I receive my
transcripts I can't file my factum and again my appeal was
accepted in toronto and that is where I wish to be heard as my
agent John Turmel resides near Toronto and it would be harder for
him to commute to Kingston to speak on my be half so my request
at this time is for the June 16 date to be put off pending my
transcripts and the filing of my factum and that my case be heard
in Toronto.
As to your previous instructions letter of April is attached also
the letter with from the crown dated May 29.
James.Turner
--

>From: jimt155@...
>To: kellylow@...
>Subject: letter attached
>Date: Fri, 5 Jun 2009 11:49:50 -0400

Hello kelly, attached is the letter that I got dated april 1st
and that's why I haven't filed my factum I figured I could file
my factum at the same time as I submitted the transcripts that I
am waiting for. That's why june 16 is a little sudden. Thanks
Jim.T
--

JCT: Since James sent a copy to the Registrar, the Crown wrote
back:

> From: mmcguire@...
> Subject: James Turner appeal C49904
> Date: Fri, 5 Jun 2009 15:10:48 -0400
> To: Hai-Anh.Nguyen@...
> CC: jimt155@...
>
CR: Ms. Nguyen,
Thank you for forwarding a copy of Mr. Turner's email to our
office. The Crown is opposed to the adjournment requested by Mr.
Turner. The Appeal Book is complete and contains all the material
required for the hearing of this appeal. I have confirmed with
Crown counsel on the application below that there was no evidence
heard in the court below, and therefore the transcript Mr. Turner
is waiting for would simply be submissions. Submissions are not
normally part of the required transcripts for an appeal, unless
otherwise ordered by the court.

JCT: Hey, it wasn't James who said the transcripts were required,
it was the Registrar. Now the Crown is telling the Registrar how
to do their job?

CR; Mr. Turner filed his notice of appeal more than four months ago.
He has had sufficient time to prepare a factum, had he any
serious intent to do so. In the court below, he simply copied and
submitted materials (including a factum) that had been used by
John Turmel in another case.

JCT: Sure, he's going to be playing the same Aces as played by
John Turmel, maybe better?

Those materials are contained in the Appeal Book that has been
filed. Mr. Turner also asked that his appeal be moved to Toronto
in order for his "agent", John Turmel to appear and speak on his
behalf. Mr. Turmel is not licenced by the LSUC and, unless
otherwise excepted under the Law Society Act, therefore cannot
provide legal services in the Province of Ontario.
While we have no preference as to whether this appeal is heard in
Toronto or in Kingston, I understand that the Toronto list this
month is very lengthy and that this matter can more conveniently
be heard in Kingston.
It is of some importance that this appeal not be delayed. Mr.
Turner's charges were laid in October 2006, and his preliminary
inquiry has twice been adjourned. The preliminary inquiry is now
scheduled for June 26, 2009. It would therefore be preferable if
the appeal was heard on June 16, as scheduled. Thank you,
Maureen J. McGuire
Crown Counsel, Public Prosecution Service of Canada
--

>Monday, June 8, 2009 10:32 AM
>From: "Jim T" <jimt155@...>
>To: "johnturmel@..." <johnturmel@...>

Hi John its Justice Rosenberg and the material has been sent up
to him already so she said get it in as soon as possible.
--

JCT: So I wrote an explanation of James' objections to going to
appeal without transcript, facta or Certificate of Perfection:

>Subject: RE: attention Hyann Re C49904
>Date: Mon, 8 Jun 2009 14:44:53 -0400
>From: COA.E-file@...
>To: jimt155@...
Dear Mr. Turner,
This is to confirm receipt of your correspondence as sent below.
Regards, Hai-Anh Nguyen

-----Original Message-----
From: Jim T [mailto:jimt155@...]
Sent: Monday, June 08, 2009 2:40 PM
To: JUS-G-MAG-Judicial COA E-file
Subject: attention Hyann Re C49904

Court File No. C49904
COURT OF APPEAL FOR ONTARIO
Between:
JAMES TURNER
Appellant-Accused
and
Her Majesty the Queen
Respondent/Plaintiff

June 8, 2009
Justice Rosenberg,
Ontario Court of Appeal

The correspondence in the court file should show that the
transcript was rejected by the Court of Appeal Registry as
improperly prepared by the Ottawa Court Reporter.

Screw-ups in their office have delayed production of an
acceptable transcript, no facta have yet been filed, and there
should not be a Certificate of Completion.

The Crown tells me that because because I am self-represented,
the Certificate of Completion can be skipped. But in the 2003
appeals of Terry Parker or John Turmel & Marc Paquette, the
hearings could not be booked without Certificates of Completion
and they were self-represented too.

The Crown tells me that my hearing is now a fait accomplit which
can only be cancelled by Order of a judge to whom I am have not
been given an opportunity to address with my concerns.

Appellant submits that the appointment for the appeal is an
irregularity without a Certificate of Completion

Appellant seeks an Order quashing the hearing date until all
facta have been filed and a Certificate of Completion has been
filed upon perfection of the appeal.

Appellant seeks an explanation of how the Crown obtained a
hearing date for an as-yet-incomplete appeal without a
Certificate of Completion?
Jim Turner Ottawa

Cc: mmcguire@...
Hai-Anh.Nguyen@...
--

> Subject: C49904 - R. v. Turner, James
> Date: Tue, 9 Jun 2009 11:41:42 -0400
> From: Hai-Anh.Nguyen@...
> To: jimt155@...
> To: mmcguire@...; jimt155@...
>
Dear Ms. McGuire and Mr. Turner,

After reviewing letters received from both parties regarding Mr.
Turner's request to adjourn the hearing date of above-noted
appeal, Justice MacPherson, the president of the panel has
directed that the request for an adjournment is refused. However,
it can be raised again in front of the full panel at the hearing
in Kingston on June 16, 2009.
Mr. Turner, Justice MacPherson has approved your request to be
allowed a tape recorder in court to supplement your notes.
Please kindly confirm receipt of this message. Regards,
Hai-Anh Nguyen, Appeal Scheduling Unit Officer
Court of Appeal for Ontario T: (416) 327-5028
--

So Justice Macpherson has been made aware that it's not James'
fault that the transcript the Registrar insists upon are not
readied by the Ottawa Court Reporter, he knows James wants to
file a factum, and that the appeal somehow got filed without
Certificate of Perfection despite pointing out how the Crown
couldn't file without the certificate back in 2003 and still he
insists on making James show up next week Tuesday June 16 in
Kingston for the unfinished and illegitimate appeal.

Notice the judge did not explain how the Crown got around the
rules though saying he said James could ask the whole panel
again. If there is a valid answer, why couldn't he have given it?
That's why it sounds like he's going to be rail-roaded by the
back-room fix.

And of course, James can ask why Real Martin is being heard by
Status Court in Toronto for not filing his transcript and why
Real is being treated differently. Note they did not just skip
the transcripts and schedule the appeal, they are having the
Status court look into the problem of transcripts.

Anyway, the contradiction between the Crown not being able to
book in 2003 without a Certificate of Perfection, and the Crown
how finding a back-room method to book the hearing without a
Certificate of Perfection, as well as the difference in how
James's transcript problem was treated differently from Real's
transcript problem, and the lack of factums being filed, makes
this one of the most unusual procedures in recent times.

Interesting that I was expecting them to consolidate James' and
Real's appeals together since they're based on the identical
Aces and instead the improperly rush ahead with one while the
other is still coming up on the normal track later.

So it seems the Crown has found a back-room way of skipping not
only Certificates of Perfection but transcripts and facta. This
is going to be one wild appeal though James says they've produced
a 350 page Appeal Book full of proofs that James is using the
same Aces Turmel's already lost with before courts who did not
see!! Isn't it interesting how the Crown is stuck without a
transcript, Appellant and Respondent Facta and the Certificate of
Perfection in Real Martin's appeal but managed to skip it all in
the case of James Turner's appeal?

Of course, James must argue that Turmel is not a trained lawyer
and so maybe he didn't explain the Aces in the same right way
that James is going to try. And it's the perfect time to use the
"many judges not seeing doesn't mean all judges cannot see" barb
and point out that one court looking in the right place to see
the problem is more righteous than 100 courts who did not see
because they're were looking in 100 wrong places. Answer this
every time they point out that the other courts did not see what
Turmel was saying.

Finally James, the first point you must raise is that it takes a
5-judge panel to have the jurisdiction necessary to contradict
the Hitzig decision and you don't have to ask the Chief Justice
to schedule the hearing before 5-judges before you file your
Certificate of Perfection.

There is absolutely nothing I can do to help you if they're going
to railroad you so it's no use that I go to Kingston with you. Of
course, it doesn't really matter since you're going to take your
issue higher anyway if you're railroaded out of there. This is
just going to let you bring along the stink of their back-room
shenanigans with your normal arguments seeking leave to appeal
against the denial of prohibition of your marijuana charges.