TURMEL: Crown stays Faux(2) MacDonald(1) "overgrow" charges

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KingofthePaupers

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Dec 20, 2013, 1:28:20 AM12/20/13
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JCT: Now that you know, I got word this morning that the
Peterborough Crown stayed all charges against Gerard & Tracy
Faux and Marc MacDonald before Gerard could have his Jan 6
Quash Application heard. This is the second time they were
all charged and the second time the Crown dropped all
charges! From my http://johnturmel.com/wins.htm page:

20) Gerard Faux 7 pounds withdrawn
21) Tracy Faux 2010 withdrawn
22) Mark MacDonald 2010 stayed

Reports in the http://yahoogroups.com/group/MedPot archives.

Here's correspondence from our discussion group with their
story: http://yahoogroups.com/group/MedPot-discuss

Sep 26, 2012

This is Gerard Faux. You may remember Tracy, Myself and Mark
MacDonald were all busted back in Dec./08. Thanks to Derek &
John & all their court help all our charges were dropped &
we all received a 1 year stay. It took 2 years.

We are all legal now. we were signed by Dr.K & we resigned
out in B.C. but for 1/3 less per day. On Sept.19 we
witnessed a helicopter circling over our property. I phoned
the drug squad here in Peterborough the next am. They said
it wasn't the police they were somewhere else (a Lie).
Monday am Sept. 24 we were busted again by the same old
gang. They handed me the search warrant & stated we were
over our limit. I just shook my head & said is all you guys
have to do is bust & harass sick people like Tracy & myself?

I said I didn't think we live in a police state. I explained
that I had 3 growers growing & showed him Tracy & my
licenses (even though it's 30% less). I explained all the
hazards of growing outside & why one has to grow more then
he expects to harvest including thieves (we had some stolen
a few days before this). I had a letter acknowledged by a
high profile Toronto lawyer of a person who had been robbed
in town & asked if they could move the rest of theirs out
here & I agreed. This accounted for most of my overage.
Tracy & I were requested to sit in the back of the cruiser
which is a most uncomfortable place I've ever been (six
inches between the back seat & the front). Tracy was sick &
told the head cop that & he said you can just wait. After
another 10 minutes she pleaded with the cop she had to go or
she'd be going in the car. The OPP that was watching us went
& got the drug guy. He came over & said you can wait another
10 minutes. She started to cry & said get me out of here or
I'll be doing it right now. So he let her go.

Mark came along in the tractor so they spoke to him & put
him in the cruiser too. So the 3 of us are sitting in the
back of the cruiser. The cop came over to me & said they
were going to start cutting down at the house here (I threw
a few out behind my house). He asked where all my dried
stuff was in the house. I sated we have absolutely no dried
stuff in the house in fact we have been out for 2 weeks &
that is why I started to cut early. He said you have to have
some dried stuff somewhere in the house. I said there is NOT
& in fact that's why Tracy is sick. He said that just proves
you don't really need it. I said what do you want us to do
buy it on the street?

He walked away & came back in 5 minutes & said I talked to
my boss (Garbutt) & we don't believe you & we're going to do
a thorough search of the house. Well there isn't but knock
yourself out. He came back in 15 min & said you were right.
So to explain, we were over our plants outside only but with
all our storage we're entitled to inside we had run out 2
weeks before & had absolutely zero dried pot in the house.

Still sitting in the car he came over & said we're going
down to my other outdoor location. I pleaded with him could
I please go with them & show them where the small ones were
& to cut them down & leave me the bigger ones (a lot were
anywhere from 6 in high to 2 ft). He said we'll see. So we
drove down to the location & watched them cut them down &
throw them in the trailer. I asked the cop watching us if he
could get a hold of the lead guy because he was supposed to
let me go with him. He said no. Finally Brownie (lead cop)
came over, you didn't let me come along like you promised.
He just said no time for that.

So after a total of 2 hours sitting in the back of the
cruiser he wanted Mark & I to come & count the ones left
(legal). I said whats the point you're done here anyway. He
said because I need you to count the ones to be sure so
their is no dispute later. I should have stated before; at
the house after Tracy & I showed Brownie our license he said
I know how many plants all of you are legal for. I said how
many? So he told me how many Mark had & exactly how many the
other person had. I said who told you that? He said when we
phoned Health Canada they told us. I said I didn't think
they could. He said of course they can. So when I was
walking with the cop to count what was left I said look at
that you left mostly small ones (one was 3 ins high). Thanks
a lot.

So now we're left with enough medicine for 4 months. What
are we supposed to do? Another commendable bust Peterborough
drug squad. Persecuting the sick. Kind a like fishing in a
barrel. 3 more dangerous criminals put in their place.

I have a few questions ;

1)Can health Canada legally divulge the legal # of plants to
the cops when they phone because they had no way of knowing
how many plants Mark & the other person had here unless
either they got it from Dr.K's files (which we saw them
reading the day of his bust) or hc .

2)The house is owned by Tracy but her name wasn't on the
search warrant.

3)I showed the e-mail from the high profile Toronto lawyer
about the extra plants that were here. Brownie said it
doesn't matter.

4)I spoke to the TO lawyer yesterday & there may be a
constitutional issue (like can't find Dr's ) when one's
house is broke into & there is no allowance in the
regulations to quickly move you're grow to another location
(if you request a change of address from hc by the time you
got it back the year would have been over).

5)The lawyer questioned if the cops could indiscriminately
go in & cut just any plants down without you showing them
where your legal ones are growing. He thought they should
not cut any down until they know that fact.

Hopefully Mr. DiCarlo will see the futility and injustice of
how these local renegades misuse their power & our tax
dollars persecuting sick people like Tracy & myself. I liken
this to a tax audit where the CRA come in all high & mighty
& you end up owing them a thousand. You pay it but!!

Thanks for listening everyone I will keep you posted. Gerard
---

tvan...@mykawartha.com
Posted Today, 09:46 AM
MyKawartha.com
By Todd Vandonk
Sep 28, 2012 - 9:09 AM

Medicinal marijuana users speak out following Monday raid

They say it's unfair that police would remove marijuana
plants from their property they were
legally allowed to grow; OPP say they were growing more than
their licences allowed

(KEENE) Vicki Fleming says her friends have been charged
with the production of marijuana because they were trying to
help her.

On Monday (Sept. 24) executed controlled drugs and
substances act warrants at two residences in the Keene area
and charged three holders of medical marijuana licences for
growing marijuana well in the excess of their licence
allotment. Ms Fleming, a licensed medical marijuana herself,
says a number of the 351 plants seized by police were hers.

"Nobody out here is a joke. Nobody is a dealer," she
explains.

"We're all extremely ill and we were just trying to take
care of each other."

Ms Fleming says she moved her marijuana to the farm of
Gerard Faux, who is now charged, because she hasn't been
able to grow for four months, because she was robbed twice,
including a contractor that stole her growing equipment.

"What I was trying to grow was getting moldy because the
lack of ventilation," she explains.

Ms Fleming notes she didn't apply to Health Canada to change
her address so she could legally grow on Mr. Faux's
property, but did leave a paper trail by writing a letter to
Mr Faux, stating how many plants she was moving.

"In my opinion, everything that was here was legitimate,
just not necessarily constitutionally allowed the way that
we had done it, but everything here is legitimate," she
explains.

"You do what you do to have stay alive. We're supposed to be
able to do whatever we need to do to be healthy."

As far as she is concerned, the bust was criminal harassment
of medical users.

"They know we're legal and they know we're sick," she says.

"The police hate us cannabis users that they will go out of
the way to do anything to hurt us."

Mr. Faux says he has a licence to grow outdoors on his farm
along with two other men while his wife Tracy Miller, who
was also charged with production of marijuana on Monday, has
a licence to grow indoors at their home.

"She was in such a pickle," Mr. Faux says to as to why he
allowed Ms Fleming to relocate her pot onto her property.

He says he saw a helicopter hovering over his property on
Thursday for about five minutes and called the police the
next day to inform them that he is a licenced grower. He
thought they everything was fine until police showed around
noon on Monday with the warrants. Ms Fleming says police
left a quantity off plants that Mr. Faux and Mrs. Miller are
allowed to legally own, but the plants have literally no
buds on them, leaving them without their medical marijuana.

"They left us plants that were three feet high with
literally nothing on them at all and took the 12 footers,"
she explains.

"We have nothing at all."
tvan...@mykawartha.com
---

Letter from Attorney Paul Lewin:

May 29

Dear Mr. DiCarlo.

We conducted a crown pretrial on February 6, 2013. I
provided a rough outline of the issues and indicated that l
would provide more details in a letter. We discussed whether
to set a judicial pretrial or keep talking. You indicated
you were content to keep talking provided 11b is not an
issue. I can advise that we will waive llb from February 12.
20l3 to the next return date of this matter (probably about
4 weeks from February I2).

This case is a perfect example of the hurdles and
difficulties medical marihuana growers face in trying to
grow their own medicine. In this case there were three
medical marihuana patients who were licensed for a total of
77 outdoor plants and 49 indoor plants. There was a fourth
medical marihuana patient named Vycki Fleming who had to
move her plants to Mr. Faux's farm.

On May I4, 20I2 Ms. Fleming was residing by herself at 292
Braidwood Ave.. Peterborough with a license for 149 indoor
plants when she was the victim of break and enter. The
robbers took all her dried marihuana, her vaporizers and her
good quality water pipes. She reported the incident to the
Peterborough police. The Robber has been charged with B & E.
Ms. Fleming was fearful and believed the robbers would
return for her indoor plants. Ms. Fleming has several severe
disabilities.

For a while she was driving around with some of her plants
in her car (a KIA) because she was too fearful to leave
everything at home. Around this time she called Health
Canada and asked what she was supposed to do if she had to
move immediately. They said that an amendment would take at
least 60 days to a new temporary address and another 60 days
when she returned home. They also confirmed there was no way
around these rules. In mid June 20l2 she spoke with Mr. Faux
about bringing her plants out to his farm. He agreed as I
think any compassionate person would. It was to be a short
term plan designed to save the plants. She brought her
plants to Mr.Faux`s farm over the course of many short
trips. Her plants were in terrible shape when they arrived
(diseased and mildewed) so Mr. Faux planted many of them
outside as that would be good for their health. Ms.Fleming's
plants were not kept separate from Mr. Faux`s and Ms.
Miller's plants as it was felt that even if Ms. Fleming's
plants died it would not be right to leave her without
medication. We will get you a copy of Ms. Fleming's license
and, if need be, an a?davit from Ms. Fleming.

There are other issues faced by the medical growers on this
case. You will note that there was no dried marihuana on the
premises despite the fact that there were a number of
licensed medical growers. This is because the police arrived
at harvest time. If the police had arrived a week later
there would hate been significantly fewer plants. This
highlights the dilemma faced by medical growers. In order to
have a constant supply they need to start baby plants before
the mature ones are harvested. Mr. Faux estimates about 50
indoor plants (placed temporarily outside of 1822 Villiers
Line in order to save on hydro costs) and most of the
outdoor plants would have been harvested in the next day or
two (if the raid had not happened).

That is not the only problem faced by medical growers. Mr.
Faux has also encountered problems with raccoons digging up
plants, insects destroying plants, thieves stealing plants
and early frost/hail killing plants. He knows from past
experience that all of these factors (each year to varying
degrees) will undermine his yield. Accordingly, he must grow
a little extra to end up with what he is supposed to get.

The last factor that struck Mr. Faux and Ms. Miller was a
reduction in their licenses. Mr. Faux went from 29 to 19
plants (on August 7, 2012) and Ms. Miller was reduced from
73 to 49 plants (on September 20, 2012). These reductions
have nothing to do with their own consumption/ health issues
but are the product of doctor policies.

Finally, three remaining points must be kept in mind in
understanding what was found, first, the 60 or 50 plants (I
saw both #s in the disclosure) (48 + 12) in the corn ?eld
were not known to any of the patients. Mr. Faux saw them for
the first time when the police showed him the spot in the
corn field. The police notes mention ATV tracks down there
but the ATV tracks go to the cornfield, not to the plants in
the cornfield. Further, Mr. Faux states that the water hoses
(essential for growing) go almost all the way to all the
plants (within 10 feet) but they do not go anywhere near the
plants in the cornfield. The plants in the cornfield are 100
feet and 300 feet away from the water hose. Mr. Faux's
health would not permit him to carry five gallon pails of
water to the cornfield plants.

Second, the 72 clones in the basement were not rooted and
were dying. This was something that Mr. Faux was keeping a
watch on them. A clone needs roots to be a plant.

Third, there were four mothers at 1882 Villiers Line.
Mothers are used to generate clones. They are not used to
generate bud.

When you crunch all the data you are left with the
following:

1778 Villiers Line
240 plants, less 60 in cornfield not known, less 10 plant
license reduction (Mr. Faux), less 77 licensed (not
including Ms. Fleming) = 93 plants which would be Ms.
Fleming's

1882 Villiers Line
198 plants, less 49 licensed (not including Ms. Fleming),
less 24 plant license reduction (Ms.Miller), less 100
replacements (among the 107 in little red cups) (50 for Mr.
Faux and 50 for Ms.
Fleming to replace about 50 of hers which would be
harvested), less 4 mothers = 21 plants which would be Ms.
Fleming's
------------------------------

December 5, 2013 <johnt...@yahoo.com> wrote:

Jct: I've gotten so tired of judges saying that the Quash
motion raises constitutional questions and therefore needs a
Notice of Constitutional Question, (Ray's Quash in Quebec
was recently dismissed for that reason and it's been
appealed) that I've added a new paragraph to the Motion. Ray
has filed the new motion to have it heard again and here's
the added blurb:

TAKE NOTICE THAT on _____________, 20___ a Non-
Constitutional Application pursuant to S.601 will be heard
before plea by any judge of the court that raises no
Constitutional Question. In R. v. J.P. (2003), Justice Rogin
noted for S.601 Quash Motion:

"[5] The Crown appeals to this court from this ruling. The
Crown complains that notwithstanding that J.P.'s original
application was not a Canadian Charter of Rights and
Freedoms application... the factum specifically states that

J.P. did not challenge the constitutionality of the
regulations which Phillips J. found not to contain an
offence."

Challenging the constitutional validity of the possession
and production prohibitions was successful in R. v. Parker
which took effect after July 31 2001."

So I'd hope no judge will ever again dismiss a S.601 for
lack of Notice of Constitutional Question. Har har har. And
we've got one on appeal!
---

Dec 6 1:32 PM
Gerard Faux: John; I couldn't get a court date until Jan.
6/14 in superior court.

JCT: So that's Gerard's story so far. His POLCOA-BENO Quash
motion slated in Superior Court Jan 6 and Mr. DiCarlo was
going to have to spend his Christmas preparing the documents
for his response! He also told DiCarlo that he's be filing
Constitutional and a Contempt motions next. Har har har.
Guerrilla law par excellence.

Dec 16 2013: Faux Report on pre-trial hearing before Judge
Grayson:

Today Tracy, myself & Mark got a stay on all our charges.
I had 7(1) x2, Tracy & Mark 7(1)x1.

Although we were all very happy about the stay, it still
angers me about 15 months of crap.

The reasons I feel we were let off.

1)There were 6 small errors in the police (initial)
disclosure. Such as: samples for analysis taken at 1
location had the same # as at the second location.

2)Over the last 15 months we still had not received full
disclosure.

3)Filed John's Quash motion. Had it thrown out for being in
the wrong court. Refiled it in S.C. . Told DiCarlo there
would be a constitutional & contempt motion to come.

My advise to everyone is to go over your disclosure in
detail to find any discrepancies. Demand all disclosure you
can including getting typed notes of all cops, disciplinary
records of same, report to justice, exhibit list etc. Do to
them what they do to you.

Most important file John's motions (try to understand them
as best you can). They hate having to defend them in court.
Expect it to go on for 15-24 months till they get tired of
all the work. Don't give up & don't make a deal unless it's
one you can live with.

Always be courteous & friendly. If I had kept my lawyer it
would have cost me another $10,000. On a final note be sure
to join all the class action suits & also John's new motion
when he completes it. Good luck to all. Tracy & Gerard.

JCT: So, three more added to the
http://johnturmel.com/wins.htm page

They should have known better than tangling with people
they'd had to let go before, right? I guess the cops just
don't realize what the Crown faces when they want to quibble
over minor infractions, they may not realize how those minor
infractions turn into major challenges by skilled guerrilla
lawyers.

What a sad waste of everyone's time and resources! On to the
next battles!
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