TURMEL: Crown returning MedPot Mike Spottiswood's seized vehicle

[KingofthePaupers]

JCT: With Mike Spottiswood's Appeal filed and ready to go,
https://groups.google.com/group/alt.fan.john-turmel/browse_thread/thread/8cdb72b1d1516420?hl=en

the Crown had to prepare the Appeal Book and their Factum
for the upcoming appeal hearing on Oct 23 explaining why
neither the Ontario Court of Justice nor the Superior Court
of Justice had jurisdiction to return his mobility machine.
(think seized wheelchair).

Mike is arguing that since both judges wanted to return his
vehicle to him, that either one or the other had to have
jurisdiction to do so. And he wants his auto back now.

So the Crown has tried to duck the issue, though a little
too late it seems. Har har har har:

Public Prosecution Service of Canada
130 Dufferin Ave. London,
Myfanw...@ppsc-sppc.gc.ca

File No. 1-619379

Sep 28 2012

Michael Spottiswood

Re: 1999 Honda

Please find enclosed a return order in respect of your car.
This order allows the Seized Property Management Directorate
to release the vehicle to you after the mandatory 30 day
appeal period expires.
After the 30 days have passed, please contact the
Directorate to obtain your vehicle 519-956-1153.
Do not hesitate to contact me with any questions.
Myfanwy Smith
Counsel

ONTARIO COURT OF JUSTICE
IN THE MATTER of an application by the
Attorney General of Canada for a Return Order
pursuant to S.490(9) of the Criminal Code.

Between
HER MAJESTY THE QUEEN
Applicant

and

MICHAEL SPOTTISWOOD
Respondent
(Ex parte)

UPON THE APPLICATION of the Attorney General pursuant to
S.490(9) of the Criminal Code with respect to the following
property seized as offence-related property:
- 1999 Honda Accord bearing VIN 2HG...
(hereinafter referred to as "the property")

AND UPON BEING SATISFIED that the property is no longer
required for the purposes of any proceeding under the
Criminal Code or the Controlled Drugs and Substances Act;

THIS COURT ORDERS that the detention order pertaining to the
property be vacated and that the property be released to its
lawful owner;

Dated at London this 28th day of September 2012
Jon****k Cer*** (printed!!)
Justice of the Ontario Court of Justice

JCT: So Mike gets his auto back on Oct 28. So here's their
conundrum. Mike also got a letter from the Crown advising
him his appeal was slated for hearing on Oct 23 2012 to get
it back right away and find out which court had
jurisdiction.

The Crown (Christopher Green) has informed the Defence Duty
Counsel (Russ Silverstein), but not Mike Spottiswood, that
since the Crown are giving the car back, the appeal is now
moot and they don't need to file the Appeal Book nor their
Factum.

So we told the Duty Counsel helping us to inform the Crown
that as long as he didn't have the car back, he wanted to
forward and get it back on Oct 23, rather than 28th, and
thus find out what he paid for, who had jurisdiction. He was
adamant that the appeal was mooted and we were adamant that
until the car was returned, we were ready to proceed to try
to get it back right away and would not be deterred.

I just want it so that when the Crown sings and dances about
how they didn't prepare anything in anticipation of it being
declared moot and want an adjournment until it is mooted by
his getting his car back, we can point out they were
informed Mike was going forward in asking to have the Appeal
court rule which judge had power to give him back his auto
and for them to do it right away.

Neat isn't it that they could have given up on the car one
week earlier and have no headaches! Har har har har har har.
Boy won't Oct 23 be a hot day for the Crown at Osgoode Hall!

And doesn't it bode well that they're going to finally withdraw, or
try to stay his charges after hanging over his head for as
long as possible, before his jury trial. Wonder if they'll
still continue trying to give his daughter a criminal record
for helping her crippled dad move? Anyway, unless they get
his car released by Oct 23, he's asking for resolution of
his appeal issue whether the Crown prepared for it (having
been warned to prepare) or not!