TURMEL: Crown withdrawing Dominic Gravel production charge

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John KingofthePaupers Turmel

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Jun 10, 2021, 10:43:58 PM6/10/21
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JCT: Dominic Gravel was in Quebec Superior Court today where
the Crown informed the Court that they were going to
withdraw the S.7 Production charge before a jury to go to
Provincial Court on the simple Possession charge.

The Crown had offered to drop the production charge for
Superior Court Jury trial if he'd plead guilty in lower
court to possession and take a year house arrest!

Remember that at the last hearing, the Crown Petitclerc had
been his prosecutor 15 years ago for the 6,000 plant bust
where I helped him get out of jail. He was being held
without bail and after numerous motions to quash over 4
months, they finally offered him time served and be out in
time for Christmas if he pleaded guilty. So he happily took
the deal. Admit it, 4 months for a 6,000 plant bust was
quite the coup. But it saved the prosecution a lot more war.

This time, Petitclerc said that the Turmel kits had never
won before and that if he didn't take the deal, he'd jail
him and his mother would die while he was gone. Ugly stuff.

Keep in mind, he didn't win last time and won't win this
time, especially since the issue is Dominic his moving his
legal plants outside. He had a permit for inside but illegal
outside. Big crime! Har har har.

Dominic was so angry at the nasty threat about his mother
that we decided to teach the Crown a lesson. He went to
their offices and served the Quash motion on them but did
not go file it. Just serve it on them so they have something
in hand to read as they contemplate what they're going to
do. And they haven't even seen the constitutional motion
that comes next! Har har har.

Kind of neat that Dominic will be the very last case tried
under the old regime but they're really between a rock and a
hard place. We've seen them drop the Production charge to
get out of a jury trial before and they have done it again.

So the Crown said that they'll be back in Superior Court on
Sep 9 2021 to withdraw the production charge and then go
below to continue the possession charge.

Remember, Dominic has a permit to possess what he grew,
whether it was grown outside or inside. And he's filed a
motion to Quash that's going make them some work. I just
don't see how they can have anything to gain by chasing him.
Sure, they tried to offer him plea deals but he told them no
way when he had a permit.

Keep in mind that having a medical exemption positively
establishes medical need so he can refer to the Hitzig
Paragraph 170 where the court, in resurrecting the law, said
"those who establish medical need are simply exempt." Easy
not guilty card to play.

Ray told him to suggest doing what they did in Ray's case.
Ray had been charged with growing 500 plants over his limit
facing a 2-year mandatory sentence. After 3 lower-court
motions to quash, 3 Superior Court motions, 3 appeals and
one application for leave to appeal to the Supreme Court,
the Crown didn't want to withdraw the charge in giving up
and told the judge they would be presenting no evidence at
Ray's trial. So the judge had to find him Not Guilty by
reason of insufficient evidence.

So they didn't give up, Ray was found not guilty. So they
could always do that again if they didn't want to withdraw
Dominic's Possession charge and take the full defeat. At
least, Ray's way, they don't give up, he's found not guilty.

I can't believe they're going to go through this waste of
time. I do understand they kept giving him lesser and lesser
sentences trying to get him to for something, anything. But
with permit in hand, he's not giving in. So they had to
cave. And today we learned the dangerous part of the charge,
the one that jury charge that carries jail, will be gone.
And I'd bet the Possession charge will go away too. Stay
tuned.
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