JCT: Okay, you all read the Thane Burnett article and here is my
eye-witness report. Who enforces the Minister's exemptions was the
It was in the small Courtroom #1 7th-floor, 90 Sparks, Royal Bank
Building where they hold federal motions court. When we got there,
there had to be at least 5, yes five, security guards in their blazers
with crests as well as the two lady commissionaires who actually run
the metal detectors at the court-floor door. I remember feeling a rare
qualm, wondering if that much security was there for me, mom and Marc
with his cane. I joked to one of them that it seemed a little
overreaction to the 7-11 bombings and he said that they were training
new people. Whew, they weren't all there for us.
Alain Prefontaine was counsel for the Crown since Ritu Banerjee
had sworn their affidavit and usually they don't do both. I do because
I always had to.
The lady clerk asked about Donald Appleby's case and I told her
to speak to Marc who had telephoned Don the night before. Marc told
her Don was too sick to attend. He recently got pneumonia running
around trying to fulfill conditions in his exemption and with his
AIDS, it's put him in line to get into the hospital and he's certainly
in no shape to personally fight for his medicine with more than his
signature. I quipped that if Marc wins, the judge can sign Don's too.
Prefontaine made a tactical blunder and I creamed him. We had
another document from another part of the judicial review to serve on
them so handing the one page document to Prefontaine personally and
getting his service on our copy there saves everyone time. When
Prefontaine arrived, I urged Marc to go serve him his copy and get the
other one signed. But rather than just be smart, sign it graciously,
and move on, Alain decided he'd be petty and make Marc wait for
service until after he had read it.
Marc is still standing with his cane and about to come back to
sit and wait but I tell him to keep standing - let Prefontaine cause
him to stand waiting - and I jumped in but he waved me off saying he
had more important things to attend to with the court clerk. I said
"The clerk down at your office gives service automatically. What's
this waiting about. Don't give the man a hard time. Just sign it."
With a bunch of reporters at the back of the room, it may have dawned
on him that making Marc stand there leaning on a cane waiting did not
look that good so he smartly signed it and I said thanks. But you
could tell he was steamed at being raked in public over a trivial
issue like service.
The judge was Madame Justice Tremblay-Lamer, a judge who has
already signed a few orders for different medpot motions, notably
extensions of time for the Prefontaine and Gagne.
Marc told her he was here to reclaim the marijuana that Diane
Bruce was growing for him in Colborne Ontario because he was still
under the old rules that there was nothing in them that said he did
not have the the right to have help from someone else. Marc challenged
Prefontaine to find anything in the "Interim Guidance Document" that,
as Ritu's affidavit claimed, said anything about anyone helping grow
the medicine, where it could be grown, or anything at all about the
horticultural aspects of the exemption. It just said that Marc and his
5 gram prescription for 10 outdoor plants yielding 250gm each were
exempted from the effect of the Controlled Drugs and Substances Act.
Prefontaine could not find anything to back up his contention
that Marc could not be growing his crop at Diane's farm, only that it
didn't mean that it is allowed just because it is not disallowed.
This then led to a discussion about the difficulty of even
getting someone to help grow. Prefontaine decided to explain how the
new rules permitted it and went over the new regulations in his
attempt to portray them as reasonable. He seemed to have the judge
convinced that a grower not having a criminal record going back for 10
years was a reasonable precaution, against what he didn't say, that
fingerprints, check-ups, home inspections, were reasonable
precautions, against what, again he didn't say.
Marc lamented that 99.9% of people who knew how to grow the good
stuff had been involved with the criminal justice system somehow and
it just wasn't possible to find anyone to abide by the terrible
Fingerprints, that's not mentioned but it's just another
impediment that has led to their admission in their affidavit that not
one person has qualified as a grower in the first third of the year.
Most people don't know that the RCMP won't give out the required
clean slate without first getting their fingerprints! Why, who knows?
I can ask to see your criminal record without giving my fingerprints,
why do I have to give my fingerprints to get mine? Not one person has
even applied. Seems no one is too interested in having their lives
rooted into by the new Health Canada plant police.
Marc pointed out that he had written a 9-page letter right at the
start explaining why he was too sick to grow his own and why he needed
someone's help. But the old rules said nothing about it anyway so
that's why he contracted with Diane Bruce.
At one point, the judge said "why don't you just go and get a
farmer to grow you some?" Marc responded incredulously that no one
could expect an untrained farmer to be able to maximize the potency
necessary in the medpot to treat his disease. The judge really must
think all they do is stick a seed in the ground and reap power medpot
And of course, the greatest obstacle of all was that even if Marc
could pay the grower, it wasn't allowed! Marc turned to Prefontaine
and asked "Are you willing to volunteer to grow some for me?"
Prefontaine explained that there were two different scenarios
possible, that Marc could use section 24.1 of the Controlled Drugs and
Substances Act to put in a claim on the drugs himself before a Justice
of the Peace in the jurisdiction where the drugs were seized, or that
the court could order the Minister to get the drugs. But of course, he
said, "Scenario 2 is impossible since the Minister has no power over
the OPP, a provincial entity." So he said that the only way to go was
for Mr. Paquette to go get his exemption enforced himself.
Marc responded that it was up to the minister to do his job and
get his exemptions respected. It shouldn't be up to the sick people.
And as for Prefontaine's statement that the Minister doesn't have the
power to tell the OPP what to do, let's check the Controlled Drugs and
Substances Act: Section 56:
"The Minister may, on such terms and conditions as the Minister
deems necessary, exempt any person or class of persons or any
controlled substance or precursor or any class thereof from the
application of all or any of the provisions of this Act or the
regulations if, in the opinion of the Minister, the exemption is
necessary for a medical or scientific purpose or is otherwise in the
JCT: If it's necessary to ensure the respect for
the Minister's signature on the Minister's exemptions, the question is
whether he should make sure that the police authorities obey his
exemptions or whether it's up to exemptees to accomplish the
distasteful task of arguing that the minister's signature is worth to
paper it's printed on. It's pretty clear that the Minister can suspend
the law pretty well anytime he wants with any marijuana he finds
anywhere in the country but Justice Tremblay-Lamer bought
Prefontaine's line and told Marc that she would not order the Minister
to enforce his own exemption, Marc would have to do it himself. All
she could do was dismiss the motion and close the court. Without
After the judge had gone without mentioning anything about the
court costs that they repeatedly keep demanding in their motions, and
since these demands for costs usually upset Marc greatly every time he
sees them, I decided to rub it in and quipped to the clerk "does that
mean there are no costs? The judge said nothing about costs?" She
answered that since the judge didn't mention it, there weren't any.
At that point, Marc started shouting at Prefontaine that every
time they demanded costs, it stressed him out with pangs to the heart.
"We're sick people living on disability pensions and your threats
about costs all the time are cruel. I pay your taxes. How dare you
demand costs?" Safe to say that Prefontaine was taken aback as
security guards rushed in to see what the commotion was all about.
Marc's last shot was "you'll be facing criminal charges soon." I
wonder if Prefontaine remembers the April 3 2001 Globe & Mail story
where it explained charges under Section 318 (2(b)) of the Criminal
Code of Canada for failing to completely fill prescriptions and thus
inflicting on the group conditions of life calculated to bring about
its physical destruction?
On the way out, I shouted at Prefontaine that it wasn't right
Marc had to enforce the Minister's document for him but we would
They told us where to go and we will.
Marc and I and Terry Parker will be in front of a Cobourg Justice
of the Peace in Provincial Court of Ontario tomorrow at 1:30pm to
stake the claim in the 10 plants x 250 grams for a 2.5 Kilo claim on
the crop by raising the Terry Parker motion. All Terry will testify to
is that he didn't have legal access on Aug. 1 as the Court of Appeal
had ordered them to legislatively do. Marc will testify that he owned
the plants and that Lady Di was tending his plants and I'll testify as
to the odds that the new regulations were made harder by accident
rather than an on-purpose blunder by Allan Rock.
Marc will have with him Don Appleby's Federal Court affidavit in
his claim to 3.75 kilos and with the mention of Robert Neron's claim
to 5.5K and Marylynne Chamney's claim to 6K, 2.5+3.75+5.5+6=17.75kg,
almost the whole 18K seized. Surely one of the other 46 exemptees will
claim the other quarter key.
And with the same Terry Parker motion being considered at the
Quebec Superior Court on Nov. 5 in the Ray Turmel case and defended by
3 federal Crown attorneys, and then raised later in the month in the
Paquette case at the Federal Court too, she'd better give the Parker
motion constitutional serious consideration, even wait for the other
cases to be resolved, but certainly, waiting for the decision on the
Parker motions to the higher courts is good enough reason to get Lady
Diane out of jail.
So any other exemptees in the Southern Toronto area who had
plants being grown at Lady Dyz should come out to support her tomorrow
in our bid to not only get her out on her own recognizance but to
start the Parker challenge in the Ontario criminal courts to go with
those going on in the Quebec criminal courts system and the federal
Enough talk, time for action. If you have a claim, show up and
claim it. I'll have blank claim forms enough for all.
John C. "The Banking Systems Engineer" Turmel, Author of the UNILETS
interest-free time-based currency United Nations C6 recommendation to
Governments in the http://www.un.org/millennium/declaration.htm