TURMEL: Hitzig Stay triggered Wednesday, or min resistance
From: John Turmel (bc726_at_FreeNet.Carleton.CA)
Date: 02/03/05
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Date: 3 Feb 2005 03:51:51 GMT
JCT: On Oct 7 2004, I filed my application for leave to
appeal the Doherty decision that acceded to my demand that
the prohibition in S.4 of the CDSA be unknown to law because
the MMAR had failed to comply with the Court's ruling in
Parker but claimed it's resurrected MMAR now saved the
prohibition two years later to resurrect the crime.
Much like Justice Doherty could be working to resurrect the
now-repealed crimes of abortion or keeping a common gaming
house for playing cards with friends. Oh, right, Judge
Wright did already change the law to make playing cards with
friends illegal without needing Parliament in R. v. Turmel.
The application was missing a signed Lederman decision to be
perfected.
On Dec 24 2004, I filed my Request for stay of execution.
Section 65.1(1) of the Supreme Court Act permits me to apply
to "this court or the court below." When the registrar said
she prefered me to go below, I wrote back I prefered to
remain above.
While the application wasn't perfected, the Registrar could
refuse to send the stay of execution demand along.
At the same time, the Leave application for the S.5(2) Hill
bust was also missing a signed order.
Yesterday, I served the Crown with both my replies to their
Response Memorandums and requests for extensions of time to
file them all. All got filed today.
So, having perfected my Hitzig leave application, there's no
reason not to send the request for the Hitzig stay of
execution along to the judge unless the Registrar is going
to hold out to force me where I don't have to go.
Sure, I had bluffed that they'd have to take me away in
cuffs if the Registrar wouldn't send it along to the judge
and we'd see if she had the nerve to explain to the press
why the Act says I can make my request here but she insists
I make it below.
But it was a game of chicken I wasn't going to bluff long
at. I'm on bail. Who knows when they'd ever let me out. I
had to back down. So all I can do is start calling the
Supreme Court Registry at 613-996-8666 asking what happened
to the Motion for a Stay of Execution in Number 30570. It's
been triggered and there's no acceptable reason for the
Registrar to be withholding it other than S.65 doesn't apply
to John Turmel.
But if I weren't on bail, any decision not to send my
document to the right judge would have merited my getting
arrested to make the news of my getting screwed. If the
Registrar says I can't avail myself of S.65.1(1), I'll over
her head before I go to the courts below. In writing.
-- 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: robert j. kolker: "Re: Why Iraq?"
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