TURMEL'S ANTI-MARIJUANA-PROHIBITION LEGAL DEFENCE KITS:
THOSE CHARGED:
http://johnturmel.com/return.doc is filed to
claim the return of your cannabis within 60 days of the bust or they can destroy it and
you can't claim it even if you win.
http://johnturmel.com/returnb.doc is filed
by the owner of the marijuana if not the accused.
http://johnturmel.com/quash.doc is used
pre-plea to quash your charge before your trial judge.
http://johnturmel.com/quashleave.doc is
used post-plea with leave of the judge to argue the Exemption wasn't working when you were
charged.
http://johnturmel.com/consstay.doc is the
constitutional motion used pre-trial to challenge the MMAR exemption if the court would
not accept the pre-plea quash motion that Parker and Krieger already killed it.
http://johnturmel.com/contempt.doc is a
motion to cite Crown for contempt of court
for prosecuting under an invalid prohibition and expunge the bogus convictions. With
appeals, this can take years before you get back for trial.
http://johnturmel.com/factumappealcontempt.doc
for those who did a prohibition while we doing them.
THOSE CONVICTED:
http://johnturmel.com/overturn.doc is
used if you were convicted by indictment while the law was repealed from Aug 1 2001 and
want to appeal late and have your conviction overturned and your fine returned. It
includes your Notice of appeal where you enter the judicial info about your charges and
dispositions and a motion to dispense with the transcripts.
http://johnturmel.com/overturnsummary.doc
is used if you were convicted by way of summary conviction. You need to appeal to the
Superior Court first, the move on to the Court of appeal with the overturn.doc forms. Not
ready yet
http://johnturmel.com/dispense.doc is
used if you've already filed an appeal and only need to dispense with transcripts.
http://johnturmel.com/factumappealconviction.doc
for those convicted on appeal
THOSE JAILED:
http://johnturmel.com/getout.doc is used by inmates who want to be released pending their appeal. Its a 1-pager they append to the Notice of Appeal form provided by the prison so they dont need another Notice of Appeal, just the grounds.
Finding people to file these last two in the Court of Appeal are 30 times more effective than the quash or contempt. When you appeal, you get 3 judges out of 23, say a choice of 8 panels. Below, there are 242 Superior Court judges in Ontario who sit one at a time. Pretty tough to plug them up below but not so tough to plug them up above. Enough plugging and theyre going to have to correct the bogus convictions for everyone when they get tired of correcting them one at a time. Remember Crown Attorney Sean Gaudets own words:
"[33] The Court in R. v. J.P. ruled that the combined effect of Parker and Hitzig meant there was no constitutionally valid marijuana possession offence between July 31 2001 and Oct 7 2003, the date the MMAR were constitutionally rectified by the decision in Hitzig. Courts may construe the Federal Court of Appeal's decision as creating a similar period of retrospective invalidity dating back to December 3 2003, the date that s.41(b.1) was re-introduced into the MMAR."
Then Pallister Crown Attorney Kevin Wilson points out it doesnt apply to people charged after they fixed the flaws.
John
MedPot Engineer Turmel Tel:519-753-5122 http://johnturmel.com
http://johnturmel.com/kotpmari.htm
http://facebook.com/john.turmel