BENO QUASH MOTION
(BAD EXEMPTION = NO OFFENCE)
With the Hitzig Bad Exemption (2001-2003) due to Regulated Mis-Supply, No Offence was ruled for J.P.
With the Smith Worse Bad Exemption (2001-2015) due to Regulated Mis-Use, No Offence be ruled for me.
With the Allard Worst Bad Exemption (2001-2016) striking MMPR in totality, it's now a cinch.
BENO Quash-Return Motion Kits
for those charged before Aug 25 2016 under MMAR/MMPR
http://johnturmel.com/allard.pdf to enter data by pen.
http://johnturmel.com/allard.docx for those who want to prepare with Word.
QUEBEC: http://johnturmel.com/allardq.pdf or http://johnturmel.com/allardq.docx
for those charged after Aug 25 2016 under ACMPR
http://johnturmel.com/acmprq.docx or http://johnturmel.com/acmprq.pdf
QUEBEC: http://johnturmel.com/acmprqq.docx or http://johnturmel.com/acmprqq.pdf
150812 Turmel: Smith BENO Quash; Appeal; Appealing Allard https://youtu.be/vqbETdrRunA
Jct: Talk given at Hamilton "Where Heads Meet" on Sep 12 2015 on the Smith Bad Exemption No Offence motions and to Amend exemptions in Federal Court.
Casser charges avec Smith BENO & Exemptions Amendees http://youtu.be/Z8sivncxZxs VIDEO
Jct: Un discours presente a la resistance contre la prohibition de marijuana a Montreal let 18 aout 2015 expliquant la decision Smith at la Cour Supreme pour casser des accusations selon la theorie BENO et ceux qui n'ont pas pu amender leurs permits par la Cour Federale Civile.
TURNER: TVA: VIDEO
English translation: Possession of Marijuana - Thousands of Possession charges dropped? https://groups.google.com/forum/#!topic/alt.fan.john-turmel/CkYPd4Qn2og
INSTRUCTIONS FOR APPLICATION TO QUASH
http://johnturmel.com/smithbenoquashi.pdf for 1-page hand-out instructions with kits
(NOT TO BE INCLUDED IN THE APPLICATION RECORD BOOKLET)
1) Motion for Smith BENO Quash to be heard before anything else happens;
Motion for Return of Controlled Substance when it's over. Return motions are best filed
within 60 days though others got their pot returned after 60 days. FILLING QUASH FORM
3) Notice of "NO" Constitutional Question if the judge insists. No need to fill out right now, it's draft.
FILLING QUASH FORM
Record of Application is the stapled booklet which includes your Notice of Application to
Quash and a Factum or argument.
You just fill in the blanks, sign where you have to, add Ontario or Superior for the Court of Justice on the Record cover, Notice, Factum & Record Cover Back.
of Application Front & Back Covers
- Note 1: Should be on blue paper or cardboard but Ive asked the judge to dispense with color if you can't;
- Note 2: In your personal information, Fax and email are nice but not required;
- Note 3: Respondent is the Crown Attorney's office whether you know your own Crown's name or not. Address and phone number are nice.
NOTICE of Application.
Note 4: Get a date at least 2 clear days away by asking the Trial Coordinator for 15
minutes. Any judge who can amend a wrong
address number can quash a bad indictment.
LEAVE AFTER PLEA
Note 5: If you have already pleaded, you need to get leave to make the motion that those
who have not yet pleaded need not.
STANDARD MOTION TO FIX
- Note 6: The Notice contains a standard request asking the judge to overlook or and fix any typo or irregularity that non-lawyers may make that's incredibly useful any time a clerk says it can't get in for any reason. The motion pre-asking the judge to fix any lay-man errors or omissions makes it his decision, not Her Majesty The Clerks decision.
Make copies for 1) Crown, 2) Court, 3)+ You and friends.
SERVICE TO CROWN PROSECUTION
Bring one copy to the Crown's office where they will sign accepting service on the back of another. If, for some nasty reason, they won't sign, leave them a copy shouting: Youre served! Fill out the Affidavit of Service on the back of the court's copy stating you left a copy at the Crown's office on such a date, find a Justice of the Peace to commission your oath (for free) when you, the affiant, sign. Or ask any suit in the courthouse if he's a lawyer who can commission your oath. 99% will say sure (for free). Only one service copy is needed, on the Record youll give to the court.
You might want to print out and read the R. v. J.P. decision by Phillip and Rogin in 2003 as well. But J.P. was found not guilty because of the Hitzig flaws in the MMAR! It's what Phillips and Rogin say about what judges having to follow the Interpretation Act that is our Ace in the hole.
the time to memorize the Gaudet quote.
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