TURMEL: Dunseith/M'Larkey in Superior Court April 3 in Walkerton

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John KingofthePaupers Turmel

Mar 18, 2020, 2:10:32 PM3/18/20

JCT: Brian Dunseith and Linda M'Larkey are the last two S.7
production charges under the ACMPR being argued in Ontario.

After getting their Quash Motion dismissed, judge said he
was going to disobey the Parliament's Interpretation Act
that says only Parliament brings CDSA laws back to life and
go with the Ontario Court of Appeal's Hitzig decision that
the CDSA prohibitions killed by a bad exemption regime were
brought back to life when they fixed the MMAR exemption
regime two years later. On the Judicial Wall of Shame.

So Brian and Linda have been remitted to Superior Court for
a jury trial. Last expensive marijuana jury trial of the
era. Actually, I don't even know of any other marijuana jury
trials other than my guys.

Remember, in other jurisdictions, Tim McConnell, Luc
Lapierre had their S.7 production charge dropped to avoid
the jury trial above and relied only on the judge-alone
Possession offences.

But here, they have no lower court charges to pursue should
they withdraw the production charge.

So the Crown has no way to avoid the jury trial. Har har har
har har har. One last great waste of time.

Remember Nicolas Fontana's trial in Gatineau? 300 potential
jurors called in for what ended up a 25-minute trial! That
was the headline in Le Droit. A 25-minute jury trial. Adrien
Stuerm's Montreal trial was over in a day.

So the only way for the Crown to avoid a huge waste of time
is to withdraw the charge. Wonder what they're going to do.
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