Mood: A tradegy performed by black robed thugs against the ignorant they are supposed to protect....how should I feel ?
Listening to: rehashed, rehashed, spun news on the Pope
Thanks to John for his discussions on the matter and for keeping people informed when others cannot.
V: 1. Could you describe what the Canadian Criminal Code
looks like in a
courthouse and where they might be located?
JCT: It's usually the
Martin's Criminal Code, with navy blue
cover and about 3 inches thick. There
are other versions,
Trameare's (?) but the Martin's has the big market
share.
V: Is it in a bunch of ring binders where pages are replaced
when new pages published? How high a stack would the papers
create
without the binders?
JCT: Yes, there is a binder version, usually in a
law
library, which makes photocopying easier than from a 3-inch
book.
V: 2. What is David Frankel's proper title? What is the
corresponding title of US Attorney General and who is he, if
not
Frankel?
JCT: Counsel for the Attorney General or Queen. And he holds
one of the top law titles, Q.C., a Queen's Counsel. Defence
lawyers also
have Q.C.s so it has nothing to do with
Frankel's working for the Ministry
of the Attorney General.
V: 3. What specific sections of the code are
you saying that
need to be updated?
JCT: When Section 4 was struck
by the Parker #1 Court
(2000), notice how the 2002 and 2003 editions did not
reflect Parker #1. Why not? The government were claiming the
MMAR had
fixed the CDSA until the Parker #2 Court [2003]
(Hitzig consolidation)
admitted the MMAR had failed to fix
it but then fixed the MMAR to resurrect
the CDSA. So the
reason the Government lawyers have not changed the Criminal
Code to reflect Parker #1 yet is that they accept that the
Parker #2
court had the power to resurrect the law.
Remember, these are lawyers
working for Canadians who have
chosen to believe this lie. They're all
ruined. Once it
comes out, all the chump Crowns who were paid to argue the
lie on the biggest case in Canadian history will be ruined.
So
that's their excuse for not reflecting Parker #1. The
Crown didn't know they
were wrong until it got fixed so no
one needs to know.
But there is
no excuse for not reflecting Krieger S.7
invalidation. Hitzig said nothing
about resurrecting the
cultivation prohibition. And the Supreme Court of
Canada's
note explaining the facts are a 1-page complete argument.
All
we have to do is show it to a lawyer and ask them to
explain what it means.
We've seen some silly attempts so
far and I rebutted all the Sadler
criticisms, so how come no
one went to beat up him up about it?
V:
Is there public record of Frankel admitted the code is
not current in
representing the actual laws?
JCT: Yes,
http://www.cyberclass.net/turmel/frankel.jpg
is
just his signature and final comment from the Crown
Memorandum for
Leave to appeal the Krieger decision at the
Supreme Court of Canada in
Ottawa. I went to Ottawa to get
their Memorandum and published it. If you
want to find it,
use Google Groups search function which goes back all the
way to beginning of the medpot campaign. Yahoogroups changed
1500
article campaign, it's useless to find things. But I've
always posted all
articles to 7 public USENET newsgroups,
especially can.politics and
alt.fan.john-turmel. Google has
archived those public USENET archives. So
while Yahoogroups
search function is almost useless, doing less than 2% of
the
archive at a time, Google Groups search engine is ideal.
Search for
Turmel Frankel Memorandum and "7(1) has been
declared of no force" "by the
highest court in Alberta."
Remember, in ancient reported history, what
they said in
their memoranda never saw the light. Now, it can be dug up
and posted on the public net and the cat's out of the bag.
Sorry if the
only proof is my scanned image of the document.
Of course, I'm sure you can
call the Archives of the Supreme
Court of Canada at 613-996-7933 and ask
them to fax you a
copy of the Krieger Crown Memorandum for Case #29569.
V: 4. Is there an action that could be taken to make the CCC
properly reflect your vision of the actual laws?
JCT: It's the
responsibility of the Ministers of Justice to
produce a Criminal Code that
is accurate. If I can't get it
fixed via the courts, you can bet my next
beef is to the PM
Paul Martin who seems surprisingly adept at not screwing
up
on big issues so far. I don't remember thinking of him as a
moron
once since he's been in while it scares me to think
Harper made it out of
high school.
V: Is the CCC available on line. If not, do you think that
it should be as an issue of justice?
JCT: Yes it is.
V: 5. If
there is intention to misrepresent the laws of
Canada in the CCC, do you
think there should be criminal
charges made?
JCT: I think the
Justice Minister has an alibi for not
reflecting Parker #1. He thought the
Health Minister's MMAR
medical exemption had saved his CDSA but it did not
and was
absent. I don't think the Justice Minister in 2002 has an
alibi
for not reflecting Krieger which was the far bigger
loss. Both S.7
cultivation (and by implication S.4
possession) declared invalid and he
gambled on the new
legislation coming in on May 15 before anyone found out.
Then Turmel showed up on Hill on May 14 and they knew the
game was up.
May 16 Frankel signed the Memorandum. Had the
new legislation been
introduced to cover the dead zone,
they'd have gotten away with it. Har har
har har.
V: Who would they be against and what would the charges
be?
JCT: It is mischief to get someone charged when you know
they
aren't guilty. It is genocide to have delayed the sick
getting their
medicine. Take your pick. I prefer evidence of
corpses over evidence of
paperwork. But both work for me.
There's no way the Frankel brothers, Lara
Speirs, Croft,
Chris, Vanita, Peter, Rick, and every Crown who read the
truth and got it wrong aren't all guilty, whether they plead
incompetence or not.
V: My biggest
question for John Let's start out with a warm
up. How do you interpret these
following two paragraphs from
http://www.antiwar.com/bock/pf/p-b051601.html
In
a fascinating story that has hardly been reported at all
in the US press,
Canada is on the verge of developing a
comprehensive plan to allow and
perhaps even to distribute
marijuana to patients whose doctors recommend
that they use
it.
JCT: They Parker #2 Court said that the MMAR is
not fixed so
the comprehensive plan isn't on the verge of developing, the
government would say that it's already here, to even
distribute
marijuana. The only story in this paragraph is
the notion that it's on the
verge when it should be here.
V: This came about because last July the
Canadian Supreme
Court, hearing a case brought by a medical marijuana
patient, looked beyond the words of the laws to the
scientific evidence
and the many anecdotes about unique
relief offered to some patients by
cannabis.
JCT: I don't know of the Canadian Supreme Court hearing a
case brought by a medical patient yet. They've only heard
the
Clay/Caine/Malmo-Levine recreational arguments.
V: The Canadian high
court then ruled that by denying
Canadian patients the ability to try a
medicine that just
might relieve some of their pain or suffering with
minimal
side effects, the Canadian government was denying them
fundamental rights guaranteed by the Canadian constitution.
JCT:
This sounds like the Parker #1 in 2000.
V: It told the government, in
effect, that it had a year to
come up with a system to authorize the
medicinal use of
cannabis, or it would invalidate all the
anti-marijuana-user
laws. Here is the very biggest question I have. I am not
going to copy and paste from
http://www.dutch-passion.nl/news/2003/January/Canada-%20Feds%20Roll%20Out%20Appeal%20on%20Pot%20Ruling.txt
JCT:
Now it really sounds like Parker #1.
V: There is a thought repeated from
several sources in the
articles that center around the date of January 4,
2003 and
the Judge Phillips decision concerning the 16 year-old boy
and
his possession charges. There is the theme that the
government had not met
the requirements of Parker decision
of July, 31, 2000.
JCT: Of
course, the media focus on the J.P. case that
eventually lost and was not
responsible for the ruling that
the law had died on Terry Parker Day. 2001.
That's because
the Parker #2 court who ruled on our motion to declare the
law dead on Terry Parker Day didn't put the ruling in
Terry's or the
Turmel-Paquette cases who had asked but had
put the response to our motions
in J.P. and Hitzig! We asked
for Terry Parker Day and the proof we won was
put in the
J.P. and Hitzig cases while ours were dismissed.
V: The
key word is Parliament as used in this paragraph from
the above link- "In
July of 2000, the Ontario Court of
Appeal struck down the federal law
prohibiting the
possession of less than 30 grams of marijuana. In that case,
the court held that the marijuana law violated the rights of
people who
use the drug for medicinal purposes. The court
gave Parliament one year to
enact changes in the law that
would satisfy constitutional concerns. While
the federal
government, waiting until the last minute, responded to that
ruling by issuing Marijuana Medical Access Regulations on
July 31, 2001,
those regulations did not address the issue
of recreational
use."
JCT: So the law died on Terry Parker Day and the Crown
lawyers
were wrong in prosecuting and convicting 100,000
Canadians and are now
covering it up. What else?
V: 1. Did the Parker decision affect all
possession laws or
just those under 30 grams and what parts of Section 3 of
the
CDSA apply to over and under 30 grams? Does over 30 grams
imply
trafficking sections of the CDSA apply?
JCT: Parker was charged with
possession and cultivation of a
lot more than 30 grams. The 30 grams is just
for dealing
with the penalties which the media introduced as a pretext
that it's only for under 30 grams. Check out the Parker
decision.
Nowhere does it say 30 grams. It's just part of
the media spin to lessen the
impact.
V: 2. Let us say that Health Canada adopted a very sensible
MMAR, had the doctor's informed with facts on MMJ and asked
there
support, and developed a wonderful supply for everyone
with doctor's
approval, and even set out a research program.
Let us say they had the
utopian plan.
JCT: Then I would have continued my fight as a healthy
person to argue that it's a violation of my constitutional
right to life
to deny me its use for medical preventative
reasons. My healthy-guy reasons
are a whole lot better than
the weak-sister recreational
Clay/Caine/Malmo-Levine cases.
I playing the the Charter "right to life"
card while they only
played the Charter "right to recreate" card.
V:
How is it that Health Canada could do this without
Parliament amending the
CDSA? Wouldn't they have to have
proper authorization in order not to
violate the CDSA? Do
the previous questions have meaning to anything
relevant to
your dead-law beliefs or to the Hitzig decision?
JCT: I
don't disagree with the Parker #2 Doherty court that
the Government could
fix the problem without resorting to
Parliament. Heck, if they'd dropped
marijuana from Schedule
2, would I have complained Parliament had to do it?
No.
But once the law had been repealed, remember how I announced
a
strategy change? No more arguing it's bad, only arguing
it's been killed.
It's dead. Terry will vouch how many times
he wanted to get into how evil
prohibition is for epileptics
and I'd say "your cards already won the hand,
now we focus
on collecting the pot." The game changed from winning the
pot to collecting it. To having them admit we won. Because
when Krieger
won, it meant nothing because no one knew and
the Crown didn't tell.
It's about time the government lawyers who do evil get
nailed. Sure,
I'd expect defence lawyers to resort to sleaze
to win for their clients but
I don't expect government
lawyers to resort to sleaze to win against their
clients.
Us. The Canadian people. Heck, just going down in internet
posterity as corrupt officials who caused needless deaths
should be all
the real punishment necessary. We know they
kept medicine from the sick and
dying and so does history.
Har har har har. Har har har har.
EP: Your ??? questions might be valid if they were based
on
a correct premise or interpretation or reading of the cases
involved.
Please refrain from accepting the reports of Court
cases that you read in
the press. READ THE JUDGMENTS
They are usually slanted by the newspapers
policy, liberal
or conservative. In any event
While the Phillips case
involved a youth found in possession
of less than 30 grams, the Parker case,
the controlling case
declared clearly and specifically that the prohibition
against possession of marihuana CDSA s. 4 is
unconstitutional and of no
force and effect
That means a gram, a ton a lb or an ounce could not become
the object of a charge alleging possession of the substance
marihuana as
set forth in the CDSA schedules. While the
obiter dicta speaks to medical
requirements of Mr. Parker,
neither the concluding judgment or Order of the
Court of
appeal stipulates a showing of medical necessity is
required
to be established.
Later in the Alberta case of Krieger, Leave to
appeal to
Supreme Court of Canada denied. The dicta and the Order
states
that if the cultivation and possession is established
to be for medical
reasons there can be no conviction, and
held that the law against
cultivation producing marihuana
was unconstitutional.
JCT: That's
not what the Costigan, Wittman, LoVecchio
judgment says. Sure, it was struck
by a sick guy for sick
reasons but nowhere do they way that it's only struck
down
for only sick guys. Can you imagine the nightmares?
The law is
either struck down or it stays up with
exemptions. It's not struck down for
the sick and not struck
down for the healthy. Of course, this is what Judge
Doherty
argued. That the cops should bust everybody and the courts
would
get out their stethoscopes and determine who were sick
enough to be let off
and who were not.
And besides, even if Pearson's "only for the sick"
change by
Krieger is all we get, where in the Criminal Code does it
show
that S.7 has been changed by Krieger to exempt the sick
from cultivation
busts. I checked, The latest precedent
cited for S.7 in Martin's is a 1993
case. Last I heard, they
were still busting the sick (who can't meet the
onerous
conditions for exemption) for cultivation. Sure, they call
do a
Krieger constitutional challenge too. Anyway, the
Supreme Court didn't say
anything about the sick in their
background history and they would have had
it really been
true. S.7 is down for everyone and Pearson's got to be
corrected again.
So whether only for the sick or for everyone,
Frankel has
caused the Criminal Code not to reflect the truth. If Crown
Attorneys take some kind of oath, we have to be able to get
him here
too.
Thanks John C. Turmel
roger m roeder