TURMEL: Crown Steven White tries backroom to nix Smith BENO Overturn Conviction
JCT: Crown Steven A. White didn't serve and serve a Motion
Record in Response but instead send a letter asking the
Registrar to ask a judge to nix the motion without a
hearing.
His grounds are it's frivolous and vexations but he doesn't
want to take the time next week to come to court to trash me
in public for my frivolity and vexation over the past 9
years I've tormented him with the James Turner case in
Ottawa.
Public Prosecution Service of Canada
National Capital Region
Agent Supervision Unit
160 Elgin St. Room 1400
Ottawa, ON, K1A 0H8
September 10 2015
Registrar
Court of Appeal for Ontario
Osgoode Hall
130 Queen St. W.
Toronto, M5H 2N5
Dear Registrar:
Re: Court file No: M45479 - John Turmel - Application to re-
open appeal
JCT: It's actually an application for a new appeal... But
now that he mis-labelled it, he's going to shoot down re-
opening... Fortunately, there are other Overturners filed
who have not had previous appeals to re-open. What's he
going to argue for them even if he gets rid of me? How will
that work out in other provinces?
CR: Pursuant to S.685(1) of the Criminal Code, I am asking
you to refer this matter to the Court to have it summarily
dismissed.
JCT: Instead of coming to public Court on Monday, he'd like
it summarily dismissed in the backroom without a hearing.
Unorthodox backroom moves worked against James Turner. He
even got a temporary Trial Judge before the real Trial Judge
got appointed? Har har har.
CR: This is not properly an extension of time to file a
notice of appeal motion as the appeal in this matter has
already been heard and dismissed eight years ago.
JCT: That's the old appeal based on POLCOA (Parliament Only
Legislates, Courts Only Abrogate). And because that Court of
Appeal is now functus officio, I ask a new Court of Appeal
to consider new evidence, not old evidence that has already
been ruled upon.
CR: By way of background, Mr. Turmel was convicted of
possession of Cannabis Marihuana for the purposes of
trafficking...
JCT: To Prime Minister Chretien, Justice Minister, Supreme
Court of Canada, Superior Court of Ontario, RCMP and Ottawa
Police...
http://johnturmel.com/turmel11.jpg
CR: (s.5(2) CDSA) on March 10 2006 and his sentence imposed
on March 29 2006 by Justice Paul R. Belanger in the Ontario
Court of Justice, Ottawa.
Mr. Turmel appealed his conviction to this Court (C45295
C44587 and C4458
. This Court dismissed Mr. Turmel's
appeals (2007 ONCA 133), holding that the CDSA offence
provisions with respect to cannabis marihuana (s.5(2) CDSA)
remained in "full force and effect."
JCT: Actually, they said they had no jurisdiction to
over-rule the previous 3-judge panel without asking the
Chief Justice for a 5-judge panel. I did, he said no, they
said they had no jurisdiction! Don't expect that story to
have made the record.
CR: Leave to Appeal to the Supreme Court of Canada on these
matters was denied (2007 S.C.C.A. Nos. 216, 217, 21
.
Beyond this case having been conclusively resolved, this
Court has repeatedly rejected the type of argument Mr.
Turmel again advances, coloquially referred to as "Bad
Exemption = No Offence" or "BENO" see: R. v. McCrady et al,
[2001] O.J. No. 5 935 (C.A.).
JCT: "the type of argument referred to as BENO!" Sure,
courts have repeatedly rejected the shots from my artillery
in the past but now there's different ammo!
CR: The Supreme Court of Canada case of R. v. Smith does not
assist Mr. Turmel in any manner.
JCT: If Steven says so? Wonder why?
CR: quite apart from his cases having reached finality y.
JCT: No why. Yes, because Steven Says so.
CR: The offence sections of the CDSA remain in force.
JCT: We're seeking the Court's opinion on that issue, not
Steven White's.
CR: This is one of the rare instances in which an appeal is
truly frivolous and vexatious.
JCT: No one found it frivolous when the J.P. raised Parker-
Hitzig BENO and won though I can imagine the vexation for
the Crown with us now raising Parker-Smith BENO to win.
CR: The Crown asks that this application be dismissed
summarily, pursuant to S.685. Yours truly,
Steven A. White.
JCT: The only thing of real interest is his attempt to have
it be dismissed without letting me reply at a hearing. Or
without him having to explain why Parker-Smith doesn't work
for me like Parker-Hitzig worked for J.P. "Steven Says"
won't cut it.
Anyway, among the seven others who have served their motions
for Sep 21 are several who don't have previous appeals to
"re-open." There's is nothing much they can do to keep them
out. Doug Nielsen and Mike Spottiswood Rob McCrady, Carolyn
Kenny, Bela Beke and Joe Dickinson are served and submitted.
So what do you think. With all these other appeals hitting
the docket on the same day, will the judge want me there to
keep things moving smoothly. If it's one of the judges who
have already had me, I'd think the Crown's request to
summarily get rid of KISS (Keep It Super Simple) me (talk
fast; say it once) may not go down so well.
But there won't be a recording of the move in the court.
Only in the backroom registry.
I've uploaded the kits for Quebec, Nova Scotia and BC at the
http://johnturmel.com/overturn page. Alberta soon. Time to
help get someone in at the top of your province.