TURMEL: Another big marijuana issue by Supreme Court?

From: John Turmel (bc726_at_FreeNet.Carleton.CA)
Date: 11/04/04 

Date: 4 Nov 2004 06:24:35 GMT

JCT: I don't know if this bodes well for their interest in
marijuana cases but if they can let a bowzer like this one
in, there must be hope for the real challenges.

>Toronto Sun
>Wednesday, October 27, 2004
>By KATHLEEN HARRIS
>Heat's on court now

KH: DRUG CASE RULING DUE FRIDAY

THE SUPREME Court of Canada is set to rule Friday on the
"heated" case of a drug dealer who claims the Mounties
invaded his privacy. Walter Tessling insists the RCMP
violated his charter rights when they used an infrared
aerial camera to detect excess heat in his Kingsville, Ont.
home. Temperatures were soaring to keep up his large
marijuana growing operation.

JCT: So it wins absolutely nothing for the legalisation of
marijuana. It's another "search" objection, a technicality.
If they don't let my Hitzig Resurrection and All Sections
challenges in after spending time on this lame duck, what a
contrast. The case that exposed 4000 wrongful pending
charges, 100,000 wrongful convictions, and claims another
50,000 wrongful charges in the past year too gets refused
while "excess heat cameras" take center stage?

KH: Acknowledging his client was engaging in illegal
activity,

JCT: Always acknowledging that the law is alive... this must
be another Alan Young student from York University's Osgoode
Hall Law School. How fitting that the three Resurrection
judges did their dirty deed in Osgoode Hall too through
Young's own case!

KH: Tessling's lawyer Tom Costaris said the case is about
state intrusion and has implications for all law-abiding
Canadians. "By not obtaining a search warrant, in essence
they were on a fishing expedition and that's exactly what
the rest of us as citizens are irked by," he said.

SOMETHING 'NEFARIOUS'

"In my view there's something nefarious and disconcerting
when you can be in your own home being under surveillance by
police and not know it."

Costaris said what goes on inside the home is "protected,
private activity." Canadians who run indoor saunas or
pottery kilns could become victims of police searches -- and
he worried the situation will worsen as technology advances.

Justice department lawyer Jim Leising, fighting to overturn
the Ontario appeals court decision that deemed the
surveillance tactic "almost Orwellian," said imposing limits
on infrared surveillance will shred an important
investigative tool for police. The only people who see fly-
past, heat-sensing technology as an intrusion are pot
growers, he suggested.

JCT: Jim's the guy who had to swear all the affidavits when
the secretary didn't pass along Terry Parker's Application
because she didn't think he'd done it right and they missed
the Pitt hearing! Boy did he have to do a song and dance and
it's all online. Not at Yahoo. Try Google Groups for my
USENET postings and search for Jim Leising.

So this is the kind of marijuana case that accepts that the
law is not dead that keeps getting in. Clay, Caine, Malmo-
Levine, they all played the game that the law law was still
alive and had to be fought. But I don't care how many cases
get to the top bowing down to the prohibition, we now see if
my two cases standing up to the prohibition are given leave
for combat.

It really tells you how bad Paul Burstein's Hitzig
Application for leave to appeal so that provincial courts
supervise federal ministries despite Federal Court having
sole exclusive jurisdiction had to be. It it got refused and
this bowzer got in. Sure would make refusing Turmel's two
dynamic dukes from getting into the ring look bad. 

--
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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