John Turmel
1 hr ·
TURMEL: Crown Response to MedPot Exemption appeal to Supreme Court
Department of Justice
May 5 2016
VIA FASCIMILE
Mr. Roger Bilodeau, Registrar
Supreme Court of Canada
301 Wellington St. Ottawa K1A 0J1
Mr. Registrar:
RE: John C. Turmel v. HMTQ No." 36937
Please accept this letter as the response of the Respondent
Her Majesty the Queen in Right of Canada ("Canada"), to the
application for leave to appeal and within request for interim
relief in the above-noted matter. Canada submits that the
proposed appeal does not raise an issue of public importance
and that the within request seeks relief that is not
available. The application request for interim relief should
therefore be dismissed.
A. Background
Since February 2014, more than 300 self-represented
plaintiffs, including the applicant, have filed virtually
identical claims in the Federal Court. The claims seek
declarations that the MMAR, which were repealed on March 31
2014, # and the MMPR which succeeded the MMAR, are
unconstitutional.
JCT: Not. and omit MMPR unconstitutional
CR: In the course of their actions, several plaintiffs,
including the appellant, brought motions for "interim
constitutional exemptions" from the CDSA for "Personal Medical
Use" of marijuana pending trial of their actions. By Order
dated June 4, 2014, (amended July 9, 2014), the case-
0management judge in Federal Court (Phelan J.) dismissed their
motions. IN so doing, the Court held that the requested relief
was inappropriate #
and that the evidence concerning each plaintiff's personal
medical circumstances was insufficient in any event to warrant
the requested relief.
JCT: Judge shouldn't be playing doctor. None of his business.
CR: The applicant appealed the July 9 2014 Amended Order. By
Order dated January 13 2016, the Federal Court of Appeal
dismissed his appeal with costs. In so doing, Federal Court of
Appeal noted that the decision below was discretionary
JCT: And only showed that it was a genocidal decision
CR: and could be set aside on appeal only if it was the result
of an obvious, serious error of law or legal principle.
JCT: And dead people isn't a serious error. Cutting off
peoples' medicine by an unqualified judge playing doctor is
not
CR: The Court found that the appellants had not demonstrated
such error and that the decision below was supportable on the
evidentiary record.
JCT: Actually, lack of evidentiary record is what play-doctor
Phelan ruled,
CR: The applicant now seeks leave to appeal the Federal Court
of Appeal decision.
JCT: Should be able to appeal before there are too many more
corpses generated in the Federal Court.
B. The proposed appeal does not raise an issue of public
importance.
JCT: These decision cutting off medicine to Canada's sickest
patients have killed people but that's not of public import.
CR: The application does not raise an issue of public
importance or of a nature of significance that warrants
consideration by this Court.
JCT: I'm sure how the judges feel too.
CR: The proposed appeal concerns a motion for an interim
exemption from the CDSA for the applicant's own personal
medical use of marihuana pending trial. The issues in the
underlying motion do not transcend the dispute between the
parties.
JCT: Continued denial of medicine to formerly-legal patients
over a bureaucratic consideration to enhance the viability of
the new regime sure seems genocidal and I want 3 of Canada's
top judges to sign off on it with the genociders below.
CR: Nor does the Federal Court of Appeal decision give rise to
issues of public importance.
JCT: He must be talking about the "public" who are still
getting their medicine.
CR: In affirming the decision below, the Court of Appeal
relied on the well settled case law concerning appellate
review of interlocutory discretionary decisions
JCT: even if they're killing people...
CR: and held that the decision below did not include any
errors that would warrant appellate intervention.
JCT: The fact David Shea died while his claim for relief was
stayed by Phelan does not warrant intervention. If not judges,
who else should have discretion to condemn patients to death?
CR: Although the applicant now alleges that the Federal Court
of Appeal erred, he does not identify a specific error in its
decision that would warrant intervention by this Court.
JCT: The FCA let Phelan get away with murder but that's not
specific enough of an error.
CR: Canada therefore requests that the leave application be
dismissed.
C. The request for interim relief should be denied.
JCT: These former patients shouldn't get their meds while they
fight.
CR: The leave application also requests an interim exemption
from the CDSA for the applicant's "Personal Medical Use"
pending trial of the action. However, the leave application
contains no evidence as to the applicant's personal medical
circumstances nor any explanation as to why his medical needs
cannot be met under Canada's existing medical marihuana
regulatory regime.
JCT: Federal Court just ruled it was unconstitutional. It
isn't working.
CR: This court has previously dismissed several motions for
similar relief. Canada requests that the applicant's request
be similarly dismissed.
D. Costs.
Canada requests that the leave application be dismissed with
costs of $500. This is the second leave application brought by
the applicant, one of nine applications for leave to appeal
the same decision of the Federal Court of Appeal,
JCT: Different Court of Appeal judge
CR: and one of 22 leave applications filed in the course of
the underlying Federal Court proceedings and related
proceedings. To date, each of these applications has been
dismissed. Canada submits that the applicants have
persistently brought leave applications against Canada that
are clearly without merit.
JCT: Maybe no merit but probably plenty of corpses.
CR: A costs award would be appropriate in these circumstances.
Yours truly,
Jon Bricker.
Christopher Rupar, Agent for the Respondent
JCT: I've got until May 16 to reply and if I keep it under 2
pages, I can fax a letter in response like the Crown just did.
It is not compulsory to file a Reply to have your file sent up
for adjudication. But I'll submit a reply since it will apply
to all of us regardless.