JCT: Terry filed his notice of appeal of the Tulloch decision
which dismissed Terry's appeal against the Clement decision
refusing to return Terry's marijuana seized by Canada Post.

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

NOTICE OF APPEAL

PARTICULARS:

Place of Judgment: Brampton

Name of Court: Superior Court of Justice

Case File No: CR-08-2484

Section 24 (Return of controlled substance)

Name of Judge: Mr. Justice Tulloch

Date of judgment: Sep 30 2009

THE APPELLANT APPEALS the refusal to return the controlled
substance to Appellant as a question of law alone.

THE GROUNDS OF THE APPEAL are that the prohibitions on possession
and cultivation of marihuana are no longer known to law and must
be re-enacted by Parliament because:

1) the Oct 7 2003 Hitzig decision did not resurrect the
prohibitions once struck down which only Parliament can do,
POLCOA (Parliament Only Legislates, Courts Only Abrogate) after:
a) the Ontario Parker decision invalidated the CDSA prohibition
on possession of marijuana since Aug 1 2001; or
b) the Alberta Krieger decision invalidated the CDSA prohibitions
on cultivation and possession of marijuana since Mar 18 2003; or

2) if it is held that the Hitzig Court did resurrect the old
prohibition which remains known to law:
a) the recent Sfetkopoulos and Beren rulings found that the re-
enactment on Dec 3 2003 of the unconstitutional conditions which
had been struck down in Hitzig had once again rendered the
exemption process unconstitutional; or
b) the Mar 15 2001 decision of Justice Pitt extends the exemption
granted by the Ontario Court of Appeal to Mr. Parker from the
criminal prohibitions until the government has complied with the
court's ruling until it is overturned on appeal;
c) evidence showing 1 in 60 Ontario doctors participating makes
the exemption illusory.

THE RELIEF SOUGHT is an Order declaring that the prohibitions on
the possession and cultivation of marijuana remain unknown to law
since they were deemed repealed and not re-enacted by Parliament.

APPELLANT'S ADDRESS FOR SERVICE:
2209-55 Triller Ave.
Toronto, Ontario, M6R-2H6
Tel: 416-533-7756 Fax: 519-753-0645
E: terryparkerjr@...

Dated at Toronto on Oct 30 2009
Terrance Parker
TO: The Registrar of the Ontario Court of Appeal

JCT: So Terry continues on to Ontario's highest court to
overruled the Hitzig and J.P. decisions on the court bringing the
marijuana prohibitions back to life instead of Parliament.