and another freedom fighter's plea...
https://groups.google.com/forum/#!topic/alt.fan.john-turmel/PIfHBmY4QVk
TURMEL: Stephen Burrows Reply to Crown at SCC for medpot exemption
JCT: Stephen Burrows' Reply to the Crown's Response to his
Application for Leave to Appeal the refusal of the lower
courts to exempt him pending trial of his action for repeal
is served yesterday! Keep in mind that Terry Parker, Ray
Turmel and Robert Robert Roy have also filed Applications,
each will deal with different issues.
Terry already replied and he's a Never-In should should have
been first. Ray has his ATP and represents their concerns
under the Manson Order extending the MMAR that threatens
him.
Robert Roy's a "Left-Out," by only 3 days. His exemption
expired 3 days before Justice Manson grand-fathered his grow
permit but not his possess permit. Neat omission. Stephen's
a Left-Out too. But he also has pictures showing his
shrinking tumor with cannabis before being cut off and wants
an interim exemption to finish:
Stephen Patrick Burrows
Dec 12 2014
Mr. Roger Bilodeau, Supreme Court of Canada Registrar
310 Wellington St. Ottawa, K1A 0J1
Re: Stephen Burrows v. Her Majesty the Queen, File No. 36147
Given the Crown has provided a boiler-plate Response to my
Application and those of Terrance Parker (35156), Ray Turmel
(36159) and Robert Roy (36146), I adopt any salient
arguments from the Replies of Terrance Parker, Ray Turmel or
Stephen Burrows while focusing on my particular medical
situation.
My tumor was cut in half using marijuana grown quite
affordably under my MMAR Authorization To Possess and
Produce. In late 2013, Health Canada announced that all MMAR
personal production gardens had to be shut down and all
stored stocked destroyed by April 1 2014 when the MMPR took
effect.
On Jan 13 2014, my exemption expired. With enough stock to
last until April, I, like Robert Roy, did not renew under
the MMAR because:
1) any crop produced would just have to be destroyed on
April 1;
2) it would have wasted money in doctor fees to apply;
3) I'm on long-term social services disability pension and
could never afford to apply for the high-priced product sold
by a Licensed Producer under the MMPR.
On Mar 21 2014, Justice Manson's Order in Allard v. HMQ
grand-fathered my Grow Permit back to 2013 but not my
Possess Permit.
On Apr 29 2014, I detailed my situation to the Court but
Justice Phelan rejected an Interim Exemption for "Personal
Medical Use" ruling that the Authorization To Possess cited
in my Affidavit hearing was insufficient evidence of my
medical need. Though my affidavit was unchallenged by the
Crown, the Court wanted to see a copy of my ATP and medical
evidence.
I appealed the denial of the Interim Exemption and provided
the Federal Court of Appeal a copy of my ATP as well as
"before and after" pictures of my tumor. My appeal argues
the court has no business checking into my medical file,
it's the doctor's function! My motion for Interim Exemption
pending that appeal was denied with "no reasons" and is the
subject of this Application for Leave to Appeal.
But for Health Canada's Destruct Order by April Fool, I am
now faced with insurmountable hurdles to obtain any
affordable medication. My tumor is no longer shrinking since
my access to a plentiful supply of cheap self-grown
marijuana has been cut off by bureaucratic and judicial, not
medical, decisions.
What makes this most unconscionable is that the prohibition
threatening us all is not even still valid since it was
struck down in 2001 by Parker. 4,000 charges were stayed
while the failed exemption had failed to keep the
prohibition valid. The only reason prohibition is still
enforced by the courts is that the Ontario Court of Appeal
ruled that its Hitzig decision repealing the flaws in the
MMAR exemption had revived the CDSA prohibition that had
been invalid for 2 years due to the lack of viable
exemption. It has been pointed out to many courts that S.43
of the Interpretation Act states: 43. Where an enactment is
repealed in whole or in part, the repeal does not (a) revive
any enactment or anything not in force or existing at the
time when the repeal takes effect.
So when the defects in the MMAR were repealed to leave a
constitutional exemption, the repeal did not revive the
prohibitions not in force in the CDSA at the time when the
MMAR became no longer unconstitutional. Once the law was
invalid, whether the Hitzig Court repealed the flaws in the
MMAR or not, Parliament Only Legislates new laws to revive
the prohibition that had been invalid for 2 years. So not
only is my Right to Life violated by prohibition preventing
access to my medication, but it's a law that the judiciary
say the judiciary itself revived after it had been invalid 2
years despite S.43 saying the judiciary cannot revive dead
laws. Will the judiciary revive the invalid abortion laws,
invalid death penalty laws too? Enforcement of this
judicially-re-enacted prohibition bring the administration
of justice into disrepute.
That the courts below could dismiss my plea for interim
exemption for "insufficient evidence of illness" and for "no
reasons," only adds salt to my tumor. The blood of the
medically-needy is on the hands of the judiciary who refused
to accept that the Hitzig Court could not revive the
prohibition in the CDSA by fixing the MMAR when S.43 says it
can't.
At this stage, an Interim Exemption to return to my former
status quo is my only remedy. It would have been the only
possible remedy for David Shea whose action for exemption
was stayed below. He couldn't show the court sufficient
evidence of his medical need and he's now dead from cancer.
Given the massive recent literature on the cancer-curing
effects of cannabis, who can't wonder if David Shea might
have survived had be not been prohibited from using the
cancer-curing herb?
I hope the courts can save me from ending up a victim like
David Shea of this invalid prohibition by granting me
interim access to cannabis for my Personal Medical Use
pending my action for repeal so I can finish shrinking my
tumor and if not, explain to me why not?
_____________________________
Stephen Patrick Burrows
JCT: So all four Applications for Leave to Appeal and for
Interim Exemptions pending appeal are now filed. Three top
judges will have to sign off on whether these medically-
needy Applicants merited interim exemptions for Personal
Medical Use while their actions for repeal went on below.
In the meantime, those 4 plus 22 more appeals are now
consolidated at the Federal Court of Appeal and these four
are closely-timed and boiler-plated that to all intents and
purposes, they're consolidated at the top now. But the
motions for Interim Exemption out of the Federal Court of
Appeal will push through and all denials reach the top.
And of course, the 270 plus actions in Federal Court are
stayed pending the final disposition of Allard in 3 or 4
years unless you ask leave from Justice Phelan to change
your conditions or other relief.
And the coup de grace will be filed before Christmas,
probably.
