 |
JCT: We were all expecting the first ever ruling on a
Krieger cultivation challenge by the Johnson family in
Elliot Lake Ontairo to be handed down by Judge Serre on
Tuesday Jan 18 2004.
But then on Monday night before the hearing, we heard of the
Friday Jan 14 hearing of Michael Ethier in North Bay before
Superior Court Justice Valin.
Hearing that Justice Valin had agreed that S.4 possession
and S.7 cultivation had been struck down, despite Ethier's
being charged with possession for the purpose of trafficking
S.5(2), I had no choice but to alert Richard that there
could be something there that could help his case.
If the transcript shows that Justice Valin agreed that
Krieger had struck down cultivation S.7 and Parker had
struck down possession S.4, then it would have been
irresponsible not to bring that to the judge's attention if
she was about to disagree. She could always concur.
>Date: Tue, 18 Jan 2005 16:34:14 +0000
>From: el_sunset_warrior@yahoo.ca (el_sunset_warrior)
>Subject: [MedPot-discuss] Today's outcome in Elliot Lake
>To: MedPot-discuss@yahoogroups.com
Richard surprised the Judge today with a ruling made in
North Bay on Friday.
JCT: Actually, since we didn't hear about it until it was
too late to get a copy of the endorsement, Richard simply
told her what we had read on the Internet.
It was short and sweet. She then heard 2 other cases before
recessing for 5 minutes. Upon her return, she needed more
time to review this matter before making a ruling. Our next
court date is February 1st, 2005. She's on the spot, I
think!!! LOL Suzanne, have a good day
JCT: What else could she do but adjourn it to find out what
a Superior Court judge had said on the same issue she was
deciding. Only later did we find out that Mike Ethier
didn't have any S.4 or S.7 charge and it could only have
been an opinion.
But a right opinion on a novel problem always starts with a
minority of one so we had no choice but to alert Judge Serre
to the new information and she did the only thing she could.
If there was a request for a transcript, it probably came
from her. I suggested Suzanne call the judge's secretary and
ask if they and the Crown could have a copy too. It's never
been done but it's being thought on.
So it looks like there is only one big issue arising before
the Serre decision on Feb 1. That would be if Michael Ethier
raises the Krieger and Parker challenges to his S.5(2)
charge like I'm doing.
>Date: Thu, 20 Jan 2005 17:35:01 +0000
>From: binky67@hotmail.com (binky67ca)
>Subject: [MedPot-discuss] Rev Ethier
Trial: North Bay, Provincial Court,
Date: Thurs. Jan. 27/05
Charge: Possession for the Purpose s 5.2
I'm surprised that none of the media showed for his Last Jan
14th date with Valin in Superior Court, it would have been a
good story for any court reporter to move on considering
it's implications to the rest of the country. Not to mention
taking the doubt out of what Valin's endorsement really
said, and putting it up on the front page. Here is a list of
the press that have been notified for the 27th.
JCT: What's interesting is the cold given all these noses
for news reaches all the way down to the small papers. I can
understand a large paper with many powerful editors who know
about not dignifying Turmel with any publicity (Nat Post)
squelching a story of national importance but I didn't
think the editors were presstitutes at the bottom. And it
looks like they are. Of just plain bad journalists. I prefer
to think that people with university educations in
journalism have better noses for news than that so I'd have
to guess it's the power of the Turmel black-out that has
national scope.
B: North Bay, Nugget (Maria Calabrese, Reporter)
Sturgeon Falls Tribune (Sharon Paquette)
Sudbury Star (Rob Vancourt)
Northern Life (Editorial Manager)
MCTV News (North Bay, Sudbury)
JCT: Good for putting them on the spot. At least they can't
blame the failure of their noses for news on not knowing.
They knew and chose not to cover it.
B: If anyone can make it or is planning on going, get in
touch with me. The Rev really needs the support right now
and a showing of faces would show strength.
Oh! and by the way JCT, if you're reading this, I told the
Rev to phone you, and also mentioned the Motion to Prohibit
instead of Quash so it can be appealed to the top, and he is
aware if it does get put on hold he could still be sitting
in jail unless bail is given.
JCT: Then if the judge won't quash, he should still release
him so he can do his prohibit motion knowing it will take a
couple of years to complete to the top like Turmel.
>Date: Thu, 20 Jan 2005 21:10:04 +0000
>From: binky67@hotmail.com (binky67ca)
>Subject: [MedPot-discuss] Ethier Court Date Place
Correction
The Rev's Jan. 27th courtdate is in Sturgeon Falls
Provincial Court, 201 River street, above the Legion Hall.
Not in North Bay as previously reported.
JCT: Ethier called me yesterday and I explained to him how
he could be the first person who could raise the Earle-
Renton Spirit of the Law argument in lower court before I
introduced it in the Supreme Court.
Today, I sent him a copy of that last post on his case where
I indicated how he should raise the Spirit and Letter of the
Law arguments and try to quash his S.5(2) charge next
Tuesday Jan 27.
I also included in my letter to the Rev. all the Appendices
from the mpforms.htm page. If he introduces the Justice
Earle-Renton's Spirit of the Law argument with the two
Orders invalidating S.4 and S.7, there is no reason he can't
win. Just in time for the Johnsons.
Of course, it's probably going to be a reserved decision at
best so I'd guess that Feb. 1 will be the day of decision
for the Johnson family's Krieger challenge.
And should the judge fail to see, they can then file their
Superior Court application to prohibit prosecution below
like the Nielsens had and hopefully get a judge who won't be
fooled into thinking it's something else.
Then off to Appeal court like the Nielsens.
Unless it's over all over.
--
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
|
|
