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JCT: Friday the Fourteenth, on the very same day as the
Nielsens lost their Parker-Krieger challenge on Section 4
possession before Superior Court Justice Festeryga in
Brantford, Rev. Michael "Tarzan" Ethier won his Parker-
Krieger challenge on S.4 possession and S.7 cultivation
before Superior Court Justice Valin in North Bay.
>Date: Tue, 18 Jan 2005 03:39:18 +0000
>From: budweedluv@yahoo.ca ("Bud E. Luv")
>Subject: [MedPot-discuss] Nailed in North Bay?
BUD: Tarzan (Rev Mike Ethier) was spoken to by Judge Valin
on Jan. 14/05 at the courthouse in North Bay.
An incredible development took place!
While not binding or spoken to in any order, Judge Valin
acknowledged that Possession and Cultivation had been
striken.
JCT: What do you mean "not spoken to?"
BUD: While there are sketchy details at the moment, everyone
needs to be aware of the fact that we may have Judge Valin
stating on the record that Possession and Cultivation "had"
been stricken.
JCT: Please don't take this to the bank yet, but if I can
confirm this as accurate, I will be getting ahold of those
transcripts to post for all to see.
BUD: This thread at the medpot forums can be seen here...
http://www.medpot.net/forums/index.php?showtopic=14702
The post is from Binky in our forums. Either Binky or myself
will be talking to the Rev in the next few days to confirm.
Peace
JCT: Okay, visiting:
http://www.medpot.net/forums/index.php?showtopic=14702
>The Rev , some good some bad
>Binky
>Posted: Jan 15 2005, 03:24 PM
B: I spoke to the Rev today,
Please bear with me though, with the background noise going
on at the bucket it was hard to hear.
This is what I gathered. On Jan. 14/05 the Rev was in
Superior Court, North Bay, the Judge was Valin.
Mike Claims that he was shanghaied and the Judge
didn't get it. All his motions were struck down including
the contempt on the crown, according to Valin the Contempt
had to be dealt with in a higher court because he did not
have the power to deal with it. (More fluffing)
JCT: He was using the form that spoke of contempt of the
Krieger Court and of the Supreme Court of Canada. Lately,
we've been speaking of contempt by the actual Crown in the
court who shows contempt for of the actual judge on the
bench by asking him to sign a conviction Order he knows his
co-Crown Attorney says is illegitimate. But that can be
brought up anywhere anytime.
B: The Judge bought Parker and Krieger, the Rev said, In
Judge Valin's endorsed decision he did say that he agreed,
that Possession and Cultivation had been struck
JCT: That's what it's supposed to mean. Gee, when Justice
Rogin in Windsor admitted S.4 no longer known to law in
2003, it made the news across Canada. Here, Justice Valin
rules that Section 4 possession and S.7 cultivation are
admitted no longer known to law and not a word made the
news. Har har har har.
B: but Trafficking and Possession for the Purpose 5.1 & 5.2
were still in because he didn't have any other authority to
go by to allow the striking down.
JCT: If the judge quashed charges under Section 4 and 7 but
not 5, the whole strategy changes. Your next step is to seek
the Order of Prohibition like the Nielsens just did for the
remaining S.5 charges armed with the "Letter of the Law" and
"Spirit of the Law" arguments. Then appeal to the top.
B: Now getting back to Mike's trial on Jan 27th in North
Bay, Valin will allow him to call OPP witnesses that he will
be able to question at that time, just not as many as the
Rev would've liked.
JCT: He's not putting up the maximum fight if he goes to
trial. That's Step 6. It's not the time to be going on
defence. All he has to do is file the motion to prohibit S.5
prosecution and his trial gets put on hold, like Turmel's
trial. He's only just won half of Step 1 and he wants to go
to Step 6 on the other half? Come on.
B: The Rev will be making another motion on the 5.1 & 2
validity and to quash this Friday, motions day in North Bay.
JCT: "Another motion" to quash S.5? Unless he has no info,
if the last one was rejected, he can't appeal until after
the trial. It should now be a motion to prohibit so it can
be appealed to the top.
The Letter of the Law argument from
http://www.cyberclass.net/turmel/sccdare.txt works for both
S.5(1) trafficking and S.5(2), possession for the purpose of
trafficking because it says that when they did not re-print
new legislation because they were wrongly under the
impression that the MMAR had worked, marijuana had to have
come off the schedule of banned substances for the
invalidation to take effect.
The Spirit of the Law argument works better for the
possession for the purpose of trafficking because we have
the opinion of Ontario Superior Court Justice Earle-Renton
in R. v. Turmel who said that if the possession was legal,
the purpose couldn't be illegal. The transcript could be
ordered but judges are supposed the know the Spirit of the
Law theory. She did. Why not all of them?
The "Spirit of the Law" argument is weaker for the S.5(2)
trafficking but what's wrong with "trading" strains which is
what "trafficking" really is? If the substance is legal, how
can trading it be illegal?
So if the judge admitted that Section 4 is still gone, I'm
off the hook for my Parliament Hill Bust again. I just hope
I get Justice Earle-Renton to reconsider her decision on my
motion to quash.
B: All in all, the Rev keeps chipping away at them and at
least has the Judges endorsement on the Parker and Krieger
in his pocket.
JCT: I'm sure everybody's trying to get a copy of the
judgment. I only learned of the Friday decision when news of
it was published on Monday night, too late to get a copy for
use by Richard Johnson in his Tuesday morning case. How sad
there was no media so Richard could have found out about the
Friday win in time to have it in hand for his Tuesday
decision.
B: Mike seems very focused and has assured everyone that his
trial will be quashed come the 27th come hell or high water.
JCT: There's no reason to skip to Step 6 while we can still
try to quash or prohibit the Section 5 charges. Don't you
people read what I've been saying? It's an 8-step process.
Two trips to the top for everybody. 15 judges each before
we're through. 1 to quash; 1 Superior to prohibit; 3
Appellates; 3 Supremes; 1 for constitutional motion and
trial; 3 Appellates; 3 Supremes. The point is wear them down
with attrition.
B: The Rev will be out of the Hazard County Jail house in 13
days after spending over 5 months for a stupid breach they
never convicted him for, talk about Time Served.
JCT: Does that mean on the 15+13= 28th with his trial on the
27th while he's still in jail?
B: I was always under the impression that you had to be
convicted of the charge before you get to do the time, in
this case he did the time before the conviction or a court
case. Sheesh!
I mentioned to the Rev about the use of a recording device
in the courtroom, and that there was a section that dealt
with it, but I didn't know if it applied to people already
in the bucket.
JCT: Just have one ready for him and tell him to read out
the part of the Notice of Motion demanding taped notes. Just
have it and read it and you'll get it.
B: The Rev will be phoning me back the middle of the week,
and hopefully I'll have some more news on his situation.
JCT: Why don't you tell him to call me 519-753-0645 to get
his section 5 arguments which I'm raising at the top
straight.
B: He's looking forward to his release date and wishes all
the best to everyone in their up and coming battles. Binky
>medpot
>Posted: Jan 15 2005, 03:45 PM
>Thanks for your report Binky
>...This is surely the case of the Rev that is accused of
breaking a law that doesn't exist anymore. Soon the Frankel
gang will have NO WHERE to hide their lies and our rights
upon the Charter will prevail! My regards, honor and respect
to this martyr of injustice.. Reverend Michel Ethier, Rev
Tarzan Marc
JCT: Most martyrs are losers. We need warrior winners.
>budEluv
>Posted: Jan 16 2005, 06:30 PM
>QUOTE
In Judge Valin's endorsed decision he did say that he
agreed, that Possession and Cultivation had been struck but
Trafficking and Possession for the Purpose 5.1 & 5.2 were
still in because he didn't have any other authority to go by
to allow the striking down.
BUD: Are you serious Binky!?!?!? You mean to tell me he (the
Rev) has those words written on a peice of paper with his
(judge Valin) signature on it!?!?
JCT: My emotion exactly. Especially any validation of the
Krieger decision.
BUD: OR..... Has he signed a simple order to dismiss with no
reason given?
JCT: I don't care what reason he quashed the charges pre-
plea. It was to a motion whose grounds were POLCOA.
Parliament didn't re-enact after Parker and Krieger struck
them down. I can cite the Notice of Motion and the decision
and I don't need no stinking reasons. Yeehaa.
BUD: Even if we have access to transcripts where Judge Valin
is stating on the record that he agrees with the fact the
Possession and Cultivation had been stricken, then he will
be guilty of a crime the next time he passes sentence on a
marihuana offense.
JCT: They're all guilty of a crime or incompetence the
minute they find out about Krieger being hidden from them
and continue persecuting Canadians. There are sure going to
be a lot of pissed-off victims real real soon. Doug & Laurie
and angry. Richard and Sue are angry. Pierre and Real are
angry. Noreen and I are angry. Tens of thousands of victims
of the Frankel Gang's Bogus Charges Scandal will soon be
finding out how the Calgary media and the Crown did it to
them.
BUD: AND..... This transcript can be offered as an indication
that the Court has accepted the argument...ie. s. 4 & 7 of
CDSA is dead.....then and now.
JCT: I can't wait to get my hands on it. Just what I've
waiting for to trigger my leave applications at the top.
BUD: OR.....
Did the judge say it was stricken, but now is fixed? Both 4
& 7?
JCT: Who fixed 7? The Hitzig panel didn't even know S.7 had
been struck down, and with it S.4 by another court. If
they'd known, there probably would be no Hitzig resurrection
today. But they didn't resurrect S.7 as they weren't
dealing with it.
BUD: Please Binky, could you clarify? I may just need to go up
to North Bay on Friday. Thanks for the update! Peace
>Virgil
>Posted: Jan 18 2005, 11:40 AM
That is comforting news to say the least Binky. Let's hope
the Rev Tarzan is out this Friday. It is not clear from this
report if Tarzan was charged with possession or cultivation
and had his charges dropped. It is another time will tell
thing that Tarzan himself might clear up on Friday upon his
release. The news is not strong enough to set people to
potting plants. The announcement is not orgasmic to the
average person, although we are getting there.
JCT: If it's true, I win my 3.3K gamble. Not facing 10 years
or life is orgasmic enough for me.
>Binky
>Posted: Jan 18 2005, 02:58 PM
According to the yahoo group, someone is using the Rev's
decision in Elliot Lake, so I'm hoping there is some
substance there.
http://health.groups.yahoo.com/group/MedPo...ss/message/8767
JCT: Hey, you wrote it. There had better be substance there
because I did tell Richard to mention it to the judge just
in case she wasn't going to be concurring with the Superior
Court judgment in North Bay. Sure, if she concurs that S.7
and S.4 are no longer known to law, she can quash but if she
doesn't think they're dead, she has to delay and check out
the Superior ruling. It's a no-lose all-win situation. She
doesn't have to wait to concur, she only has to wait if she
disagrees! What a break.
BUD: Others and myself are attempting to clarify the Rev's
win, let's keep our fingers crossed. I will follow-up as it
comes to me. Thank you for your concern Virgil, Binky
JCT: We found out too late to get a copy for Richard to give
to his judge before her decision.
--
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
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