Author: Kim Lunman
     Justice Department spokeswoman Pascale
Boulay said yesterday Ottawa ismaking it a green
Christmas for 4,000 people - it plans to stay
thousands of charges of pot possession as a result
of legal battles over medicinal marijuana.The
decision will apply to every person in Canada
charged with possession of marijuana
between July 31, 2001, and Oct. 7 2003.
     The Justice Department intends to cease
prosecutions on the cases because of an Ontario
court ruling in 2000 that found medicinal
marijuana users had the right to possess less
than 30 grams of pot. The judge delayed that
ruling's effect for one year in the hope the
federal government would introduce a
medicinal one day before the year long grace
period ended 2001. The Ontario ruling
created a legal loophole, effectively invalidating
Canada's marijuana possession law as
unconstitutional because it failed to provide an
exemption for medical use. "We estimate there
are about 4,000 pending files," Ms. Boulay said.

What about the 100,000 Canadians convicted while the law was invalid?
What about those still in jail?
     On July 31 2000, the Ontario Court of Appeal
in R. v. Parker declared the invalidity of the
prohibition on possession of marijuana would
take effect on Terry Parker Day Aug. 1 2001.
     The greatest class of victims are those
convicted after the law's repeal were those
charged since Aug. 1 2001 to Oct 7 2003
and whose convictions may be overturned on
appeal upon receiving an extension of time
because the Court had not yet ruled that the
law had been dead when you were convicted.
     Sure the Attorney General stayed charges
against the last pending cases but did nothing
to correct the injustice to the 100,000 people
who were convicted over 26 months while the
s.4(1) prohibition was repealed. The press
covered up the largest judicial foul-up in
Canadian history. And now, 50,000 more
since last year.
     Court's can't legislate so how could a court
decision stop the prohibition from being invalid
on Oct. 7 2003? No matter what anyone tells
you, the old prohibition is dead until Parliament
brings in the new prohibition, and no set of
judges have Parliament's power to re-impose
criminal sanctions once we were free of them. POLCOA is the acronym for the argument:
     Parliament Only Legislates;
     Courts Only Abrogate

     The Toronto Trio as first to use the Krieger
card to have cultivation and possession (over)
to traffic charges withdrawn and their grow-op
equipment back. http://www.cyberclass.net/turmel/ryan2.jpg
     Sandra Kramer was next to use the Quash
your charge kit to have her charge withdrawn.
The threat got Ed Martin's possession charge
withdrawn.
     On Dec. 20 2004, Crown,to avoid a motion
for contempt of court, consented to the release
pending appeal of inmate Mike South doing 3
months for possessing 5 ounces of marijuana for
the purpose of trafficking under Section 5 using
S.4 Parker and S.7 Krieger wins.

BUILDING YOUR CASE BOOKS
     These pages provide instructions on how
use the guerrilla law forms I have engineered
to help have those criminal records overturned
and fines returned to those innocent victims. All
they have to do is learn the case law timeline.

     The Documents now include a motion to cite
the Attorney General for abuse of process and
contempt of court for deliberately ignoring the
Parker and Krieger decisions and continuing to
bust Canadians after admitting the sections were
invalid to the Supreme Court. So Quash as
Unknown to law, Stay as an abuse of process,
and cite Crown for contempt of courts. 

     A Record of Application is a booklet which
includes a Notice of Application and a Factum which relates the material needed to make the case. I've
listed the documents in the order in which they
must be placed in the booklet. Print them out
and fill in the blanks. Book hearing date with
the court office trial administrator.
     They are assembled with the blue Record
cover first, the Notice of Application next,
Notice back, Appendixes, Factum and finally, the blue Record Motion back cover which is placed
backwards on the outside.
There is a standard request in the Notice to forgive and fix any typo or irregularity.
     Print them out preferably in Courier or
some other fixed font to maintain formatting.
Number the pages of your Notice and the
pages of Appendixes by pen making sure you
have every page. Book a hearing date with the
court office trial administrator. Print at least 2
more copies, more to hand out to the press.

SERVICE OF DOCUMENT
    Serve one copy the Record of Application
booklet to the Federal Crown Attorney and
ask them to stamp the proof of service
anywhere on the back of another copy. If for
some reason the Crown will not give a
Canadian citizen such service, I have
provided a blank Affidavit of Service on
the back cover. Only one service copy is
needed, the one you give to the court. To
swear the affidavit, ask any Justice of the
Peace or lawyer if they will commission
your oath. 9/10 say yes. File or mail that
"proof-of-service" copy to the court Registrar.
You don't need more service affidavits.
     If, at any hearing, you are stumped, you say:
It is all written down, I have nothing more to add.

OVERTURN CONVICTIONS
When applying for an extension of time to
appeal late, you need 3 days notice and
should call the registrar in Toronto to make
sure the court is sitting on that day. You fill
out the other blanks, print at least 6 copies,
serve one copy of the Record to the Federal
Crown Attorney and ask to have them sign
for proof of service on the back of another
copy or swear the Affidavit of service on
one copy. File or mail that service copy and
two more at the Ontario Court of Appeal
Registrar at 130 Queen St. E., Toronto.

8-37 Colborne St. E.,
Brantford, Ontario, N3T 2G3
Tel/Fax: 519-753-0645
Email: turmel@ncf.ca or johnturmel@yahoo.com

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