TURMEL: Gravel's Krieger Get-out-of-jail Thursday in Quebec
From: John Turmel (bc726_at_FreeNet.Carleton.CA)
Date: 01/25/05
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Date: 25 Jan 2005 18:19:11 GMT
JCT: It's official but it was close. 31-year-old Dominic
Gravel was charged with the standard charges of S.7(1)
cultivation and S.5(2) possession for the purpose of
trafficking but was not released on bail and has done 6
months with no pre-trial.
So after an all-nighter busing it down to Ottawa-Gatineau, I
put two motions together for Dominic to sign. The first is
the standard motion to quash in Provincial Court of Quebec
with 30 days notice to the Crown and the second is the
motion in Superior Court for release pending process.
MOTION TO QUASH
---------------
CANADA
PROVINCE DE QUEBEC COUR DU QUEBEC
DISTRICT DE GATINEAU --------------
No: #550-131-040302-003
Dominic Gravel
Defendant-Applicant
-vs-
The Queen
Plaintiff-Respondent
NOTICE OF APPLICATION TO QUASH
Pursuant to S.601
TO ONE OF THE HONORABLE JUDGES OF THE COURT OF QUEBEC, the
Defendant respectfully states:
1. On Dec 10 1997, Ontario Judge Patrick Sheppard... does
the introductions of the Appendixes from...
http://www.cyberclass.net/turmel/quscon.txt
20. On Feb 01 2005, Judge Serre will be ruling on a motion
to quash three S.7 cultivation charges as unknown to law in
Elliot Lake Ontario. There are 12 Krieger challenges going
on in Ontario, B.C., soon Manitoba, and now Quebec.
21. Applicant was charged on July 29 2004 with S.7(1)
cultivation and S.5(2) possession for the purpose of
trafficking, both invalid statutes since "Parliament has not
re-enacted the necessary S.4 possession and S.7 cultivation
prohibitions sustaining any imputed improper purpose since
they were struck down in Parker and Krieger."
Documentation to be used:
Page
App.1: 2000 Jul 31 Parker Ont.C.A. Order on CDSA S.4.......
App.2: 2002 Dec 04 Krieger Ab.C.A. Bench Memorandum on S.7.
App.3: 2002 Dec 05 Calgary Herald Krieger article..........
App.4: 2002 Dec 05 Calgary Sun Krieger article.............
App.5: 2003 May 16 S. David Frankel culpability clause.....
App.6: 2003 May 14 Turmel holds back marijuana bill........
App.7: 2003 Oct 07 Hitzig Ont.C.A. Order for MMAR fix......
App.8: 2003 Oct 07 Turmel Ont.C.A. Order for Parker Day....
App.9: 2003 Dec 08 Turmel stays 4000 since Parker Day......
App.10: 2003 Dec 23 Krieger Supreme Court of Canada Order..
App.11: 2004 Apr 01 Turmel to A.G. for 100,000 more........
App.12: 2004 Nov 22 AIDS Society decries exemption absence.
Dated at Gatineau on Jan 24 2004
__________________________
Defendant-Applicant
Dominic Gravel
155 Fontaine St. Gatineau J8Y 2C6
Tel: 819-778-6189 Fax: 819-771-4082
AFFIDAVIT
I, Dominic Gravel, residing at 155 Fontaine St. Gatineau
make and say as follows:
1. I am the Defendant.
2. All the facts alleged in the motion are true.
Sworn before me at Gatineau on Jan 24 2005
_______________________________
A COMMISSIONER, ETC
----------------
NOTICE OF MOTION
----------------
To: Attorney General for Canada
TAKE NOTICE that on February 24 2005 the Defendant will make
a motion before a judge of the Quebec Court at the
courthouse at 17 Laurier in Gatineau at 9:30am for an Order
1) an Order pursuant to S.601(1) of the Criminal Code
quashing all charges relating to marijuana under the CDSA as
unknown to law on the grounds Parliament has not re-enacted
the S.7 cultivation and S.4 possession prohibitions which
underpin all other marijuana prohibitions in the CDSA since
they were struck down by the Ontario and Albert Courts of
Appeal.
2) an Order staying any charges for marijuana as abuse of
the process on the grounds that statute is of no force and
effect.
3) an Order, in the absence of proof that all inmates
convicted since the marijuana prohibitions were repealed
have been released, citing the Ministry of Justice for
contempt of the Ontario and Alberta Courts of Appeal and
Supreme Court of Canada in R. v. Parker and R. v. Krieger on
the grounds Crown Attorney S. David Frankel acknowledged
that the S.7 Cultivation and S.4 Possession prohibitions had
been struck down by the highest court in Alberta but did not
dutifully inform Canada's Law Enforcement to cease and
desist arrests under the repealed statutes.
4) or in the alternative, an Order staying the charges
pending the final determination of the repeal of the
prohibitions by the Supreme Court of Canada in Turmel v.
HMTQ #30570 (Hitzig) and R. v. Turmel #30571 (3.3Kg
Parliament Hill bust under S.5(2)).
AND FOR any Order abridging the time for service, filing, or
hearing of the application, or amending any defect as to
form or content of the application, or for any Order deemed
just.
Dated at Gatineau on Jan 24 2005
__________________________
Defendant-Applicant
Dominic Gravel
155 Fontaine St. Gatineau J8Y 2C6
Tel: 819-778-6189 Fax: 819-771-4082
MOTION FOR RELEASE PENDING PROCESS
CANADA
PROVINCE DE QUEBEC COUR SUPERIEURE DU QUEBEC
DISTRICT DE GATINEAU -------------------------
No: #550-131-040302-003
Dominic Gravel
Defendant-Applicant
-vs-
The Queen
Plaintiff-Respondent
NOTICE OF APPLICATION TO VARY BAIL CONDITIONS
TO ONE OF THE HONORABLE JUDGES OF THE SUPERIOR COURT OF
QUEBEC, the Defendant respectfully states:
1. On Dec 10 1997, Ontario Judge Patrick Sheppard stayed
charges against Terrance Parker ruling...
JCT: As usual, the Appendixes proving the Crown knew the law
was invalid when the accused was charged from
http://www.cyberclass.net/turmel/quscon.txt
20. On Feb 01 2005, Judge Serre will be ruling on a motion
to quash three S.7 cultivation charges as unknown to law in
Elliot Lake Ontario. There are 12 Krieger challenges going
on in Ontario, B.C., soon Manitoba, and now Quebec.
21. Applicant was charged on July 29 2004 with S.7(1)
cultivation and S.5(2) possession for the purpose of
trafficking. Because of his previous 2 drug convictions, he
was refused bail by the provincial court judge Dagenais and
has done 6 months dead time and not yet had a pre-trial.
22. Applicant has no history of violence and his release
pending the outcome of the proceedings represent no danger
to his community.
23. Applicant has filed a motion to quash pursuant to S.601
of a defective indictment upon 30 days notice to the Crown
for Feb 24 2004. Should release pending adjudication not be
granted, Applicant will file an immediate motion for an
order of prohibition on the prosecution below and for
release. Should it not be granted, Applicant may appeal
which stays the proceedings below and will request release
by the Quebec Court of Appeal. Should release be denied,
leave to appeal will be sought in the Supreme Court of
Canada and release pending adjudication.
JCT: This isn't boasting. It's intimidating. The point is
that if they don't let the kid out, I'm prepared to waste
the time of all these judges. Next week again in Superior,
next week in Montreal, next week in Ottawa. Even if I lose
the case, they all lose the time.
Dated at __________________ on ______________ 2004
Defendant-Applicant Dominic Gravel
----------------
NOTICE OF MOTION
----------------
To: Attorney General for Canada
TAKE NOTICE that on Thursday Jan 27 2005 9:15am, the
Applicant will make a motion before a judge of the Superior
Court of Quebec in Room #1 of the courthouse at 17 Laurier
in Gatineau for an Order varying the bail conditions to
permit release upon Applicant's own recognizance to avoid
any further compounding of the abuse of the court process of
spending dead time on invalid charges since "Parliament has
not re-enacted the necessary S.4 possession and S.7
cultivation prohibitions sustaining any imputed improper
purpose since they were struck down in Parker and Krieger."
AND FOR any Order abridging the time for service, filing, or
hearing of the application, or amending any defect as to
form or
content of the application, or for any Order deemed just.
Dated at Gatineau on Jan 24 2005
Defendant-Applicant
JCT: So that's it. I don't care what bail conditions they're
used to asking for, I'm making the Crown look so bad, the
judge may want impose conditions on them, not Dominic.
Anyway, we were at the Hull (now Gatineau) jail at 1:30 but
the guard who commissioned the oaths wasn't available so it
Dominic's girl-friend Deborah left the forms for him. I
thought it meant we'd have to delay the release hearing
until Friday but I got a call at 3:30 saying the forms were
signed so I took a shot at keeping the Thursday out date.
Court closes at 4:30.
On her way to the jail to get the forms, Deborah dropped me
off at the photocopy shot to make the copies of the
Appendixes for the kits. She got back at 4:10. By 4:20 we
were out of the shop and racing downtown. I got into the
Crown Attorney's office at 4:29pm. No one as the reception
desk! I ahemed, called out, no one came until 4:33.
Stephanne Godri, a Crown I had faced within the past few
years who recognized me and gave service even though it was
after 4:30. It would have been a big fight but I'm glad not
the kind he wanted to get into.
But by the time I got downstairs to face the final hurdle,
HMTC, Her Majesty The Clerk, all the registry offices were
closed! Still, the Crown was served on time to make Thursday
feasible.
This morning, I went down to the court. The clerks knew me
and there was no problem with the Provincial Court motion to
quash in 30 days but when he asked me if I'd contacted the
Superior Court co-ordinator about a hearing in 2 days, I
apologized no but Turmel motions were known for their
shortness. I didn't even point out the "fix anything Order"
requested in the motion. It wasn't needed. He came back and
said that though the court started at 9:30am, he had
scheduled it for 9:15am. I thanked him profusely.
So it's all set. The first cultivation charge in Quebec
being challenged by the Krieger "no cultivation law"
argument.
And that Judge Serre's going to handing down a ruling in
Elliot Lake next week sure has to make it tough to keep the
kid in. No danger, he's already been abused more than most,
he probably has a civil case for the half-year spent while
David Frankel knew the law was being held on was dead.
For the next few days, I'm going to be alerting the press as
to what's going on. I advise readers to keep an eye on any
French media, TQS, TVA, CHOT, and especially CJRC radio 1150
who are usually most up-to-date on everything.
If I do any interviews, I'll try to let you know.
Finally, I implore warriors to call open-line talk shows
asking why nobody knows about Krieger? And telling them
about
1) next Tuesday the upcoming Elliot Lake Krieger decision;
2) this Thursday with Gravel in Gatineau and Ethier in
Sturgeon Falls.
If the media have managed to keep the Krieger Bogus Charges
Scandal under wraps so far, they'll go nuts when it starts
to emerge out of open-radio talk shows.
And if you do get on, try to tape it and send transcripts to
medpot-discuss@yahoogroups.com to cheer us up.
-- 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
- Next message: Jim Blair: "Re: Solution to Soc Sec problem"
- Previous message: royls_at_telus.net: "Re: Yes - why not make people earning over $90,000 pay their share?"
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