TURMEL: Visit to the Supreme Court of Canada Registry

From: John Turmel (bc726_at_FreeNet.Carleton.CA)
Date: 03/03/05 

Date: 3 Mar 2005 12:42:56 GMT

JCT: After getting no answer from the Supreme Court of
Canada registry on what they've done with my motion for a
Stay of Execution of the Hitzig resurrection decision, I
decided to visit the Registry personally to find out what's
going on while I was in town for the Dominic Gravel case
across the river in Gatineau on Tuesday.

Michel was the same clerk who Lara Speirs had dealt with in
Terry Parker's Leave Application to the Supreme Court. She
may have prejudiced him a little. I'd find out.

I asked what was happening with my motion for a stay of
execution. He said that it would go to the panel of judges
with the whole package. I pointed out that I had perfected
the package weeks ago and expected it to have gone to a
judge. He said that nothing had yet been sent to the judges!
These things take time.

Imagine! Four epileptics are croaking every day and the
clerks get to delay the application for relief! Even more
reason therefore that the motion for stay of execution be
heard by one judge pursuant to Section 65.1(1).

I asked what the use was for a stay until the appeal if they
didn't send it to the court right away? He said I'd have to
send in a letter asking that the motion for the stay to be
expedited. I thought I had already done that so I left with
the intention of sending a last letter demanding the motion
to stay be immediately sent off to one judge.

As I'm exiting the building, a security guard calls me back
in. It's Michel who has caught up to ask if I'd gone below
first. I said no, the rules say I can go to either. He tells
me that there have been recent judgments where the court has
ruled that stays should first be sought below. I said fine
but why didn't they change the Act to say so or I wouldn't
have wasted my time? He said that that was my way of reading
it. Excuse me:

"Stay of execution -- application for leave to appeal
65.1 (1) The Court, the court appealed from or a judge of
either of those courts may, on the request of the party who
has served and filed a notice of application for leave to
appeal, order that proceedings be stayed with respect to the
judgment from which leave to appeal is being sought, on the
terms deemed appropriate."

It's pretty clear "a judge or either court may, on request
of the party who has served and filed a notice of
application for leave to appeal, order that proceedings be
stayed with respect to the judgment from which leave to
appeal is being sought, on the terms deemed appropriate."

So since they haven't changed the section yet, I still have
that right so let me be the last to use it until they do
change it.

I guess my next step up the complain ladder will have to be
the Chief Justice or the Prime Minister. 

--
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

Relevant Pages