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JCT: I'm leaving for Gatineau Quebec, across the river from
Ottawa, an often used legal stomping ground, to spring
Dominic Gravel out of jail.
He was charged last with July 29 2004 with S.7(1)
cultivation and S.5(2) possession for the purpose of
trafficking (same as SCC Turmel #30571 appeal). Because of
his previous record 2 convictions, he was refused bail by
the provincial court judge!!!
He's done 6 months dead time and he hasn't even had his pre-
trial! For cultivating herb. Makes me want to puke.
I can understand refusing bail in the game of "cops and
robbers" to protect the community but refusing bail in a
game of "cops and gardeners" who are no danger to the
community is really getting silly.
So I'm hopping down to Gatineau to prepare a motion to quash
a la Krieger, a Superior Court motion to be released pending
resolution of this non-violent accused, and maybe even a
Superior motion for prohibition if he doesn't mind skipping
Step 1 and going directly to step 2.
If he files a motion for prohibition, if the judge reserves
his decision, he'll have to let him out; and if he dismisses
it, he knows the appeal will happen and stay everything
anyway making the dead time even more unconscionable.
His first chance at release is going to at the Gatineau
courthouse, probably on Thursday Jan 27, giving 3 days
notice to appeal the lower court refusal without transcripts
of the refusal merely on the grounds that that judge didn't
know about Krieger at the Supreme Court when the decision
was made. If not, Friday. Heck, if I feel nervy, I can book
him on short notice for Tuesday! But why give the Crown
any kind of handle to seem like it was a fight? Give the
normal 3 days notice and stick with the merits of a man not
only suffering under the cloud of a defective indictment but
also suffering under the roof of the local jail.
So I'll be there looming over the proceedings and hopefully
intimidating the bench into a large dose of wisdom.
Krieger really makes it look like the accused is the subject
of an abuse of the court if the law is really dead and that
should not be compounded by more dead time for a non-violent
offence.
This isn't quite the almost-cinch that getting out of jail
on an appeal is. His case has to be so overwhelming that the
judge is struck by the abuse of risking more dead time. I
remember betting Mike South's mother 10:1 that he'd get out
to make her feel better. I don't know what these odds would
be but I thank the lord it's in a courthouse where all the
judges have heard more than their share of Turmel stories
after having more than their average share of Turmel cases.
I doubt there are going to be many judges wanting to be put
down all around the world for being unreasonable like I can
do. I'd guess that after all the Turmel, Dupuis, Massicotte,
Beaudoin, Appleby, Turmel, Turmel, marijuana cases heard
there on , there's a good chance they've been following the
Medpot Saga too.
If he doesn't get out, I'll file the appeal and see if the
Court of Appeal will do it. Finally, if not, a quick leave
to appeal to the Supreme Court of Canada like I did for
Parker when Justice Feldman wouldn't give him relief pending
his appeal.
2002 March 15 Superior Court Justice Pitt extends Parker
criminal jurisdiction constitutional exemption
2002 April 17 Superior Court Justice Chapnik removes Parker
criminal jurisdiction constitutional exemption in civil
default judgment ruling. Har har har har. I can't help
laughing every time I think of Wrong Way Young getting a
powerless judge to step out on a limb and take a foolish
tumble! The Chapnik civil decision setting aside Criminal
Charter relief as a civil default judgment because Law
Professor Alan Young told her she could.
2002 May 03 Ontario Court of Appeal Justice Feldman refusal
to re-instate protection pending appeal.
Application for leave to appeal to the Supreme Court within
30 days.
Under 3 months from bottom to top, only possible with The
Engineer or with a lot of cash.
So let the Bench know that The Engineer is ready to take up
everyone's time all the way to the top to get this non-
violent gardener out of dead time in jail.
And best of all, the Quebec media are the only media who
exhibit any fascination by the moves of John Turmel. Any
bets that Krieger breaks into the media consciousness?
Especially with a decision on a Krieger challenge coming up
on Feb 1 in Elliot Lake. Won't a judge look stupid if he
keeps Gravel in and the judge in Elliot Lake strikes it down
5 days later?
--
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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