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TURMEL: Terry Parker seeks pot seized by Canada Post
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John Turmel
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Joined: 07 May 2005
Posts: 424

PostPosted: Sat Jun 03, 2006 8:22 pm    Post subject: TURMEL: Terry Parker seeks pot seized by Canada Post Reply with quote

JCT: In my last post, I pointed out how a Canada Post search
of Terry's mail turned up some marijuana which they turned
over to the police. The police have been told Terry's
exemption expired in 2004 (for some unspecified reason) and
he has to apply under s.24 of the CDSA to a judge to get his
pot back.

Notice they're not charging him with a criminal offence,
they're just intercepting his mail and keeping his medicine.
So, yesterday, Terry filed his section 24 application for
hearing on Wednesday June 21.

Court File No.

JCT: Terry says they wouldn't assign him a file number. They
just told him to show up on June 21.

ONTARIO COURT OF JUSTICE
(Criminal Division)
Between:
Terrance Parker
Applicant
and
Her Majesty the Queen
Respondent

NOTICE OF APPLICATION TO RETURN CONTROLLED SUBSTANCE
(Pursuant to S.24 of the CDSA)

TAKE NOTICE THAT on June 21 2006 at 9am or so soon
thereafter as can be heard the application at the courthouse
at 100-7755 Hurontario St. in Brampton for an Order pursuant
to Section 24(2) of the CDSA returning the controlled
substance to the Applicant.

THE GROUNDS ARE THAT the constitutional exemption from the
prohibition on marijuana in s.4 of the CDSA granted under
the criminal jurisdiction of the Ontario Court of Appeal
dated July 31 2000 and extended by the Ontario Superior
Court of Justice Pitt dated March 15 2002 remains valid.

AND FOR any Order abridging the time for service, filing, or
hearing of the application, or amending any defect as to
form or content of the application, or for any Order deemed
just.

DOCUMENTATION used will be the affidavit of Terrance Parker
and the Order of Ontario Court of Appeal dated July 31 2000
and the Order of Pitt J. dated March 15 2002.
Dated at Toronto on June 02 2006.
___________________________
For the Applicant:
Terrance Parker
2209-55 Triller Ave.
Toronto, Ontario, M6R-2H6
Tel: 416.533.7756 Fax: 416.632.2334
E: terryparkerjr@sympatico.ca


AFFIDAVIT OF TERRANCE PARKER

I, Terrance Parker, residing at 2209-55 Triller Ave. in
Toronto make oath and say as follows:

1. On July 31 2000, in my case of R. v. Parker, the Ontario
Court of Appeal ruled:

"THIS COURT ORDERS that the remedy granted by the trial
judge is varied by declaring the marihuana prohibition in
s.4 of the CDSA to be invalid. The declaration of invalidity
is suspended for a period of 12 months and the respondent is
exempt from the marijuana prohibition in s.4 of the CDSA
during the period of suspended invalidity for possession of
marihuana for is medical needs."
App.1: Order of the Court of Appeal dated Jul 31 2000.
http://www.ontariocourts.on.ca/decisions/2000//july/parker.htm

2. On Jul 30 2001, the Marijuana Medical Access Regulations
(MMAR) were promulgated but I could not comply because the
Ontario Medical Association advised doctors not to sign.
http://www.oma.org/pcomm/omr/dec/01marijuana.htm

3. On March 15 2002, upon my short notice ex parte
application for an Order declaring that the Court's Order of
Invalidity had taken effect after July 31 2001 and the
possession prohibition was no longer known to law once I
again fell under unconstitutional jeopardy, Ontario Superior
Court Justice Romaine Pitt. J. granted the alternative
remedy sought with a Criminal Jurisdiction Order:

"Order to go extending the constitutional exemption granted
to the applicant by the Ontario Court of Appeal until the
Government has complied with the court's ruling."
App.2. Order of Pitt J. dated Mar 15 2002.

4. Health Canada has never yet created an exemption
application procedure that my doctor will sign. To this day,
I remain exempted against s.4 of the CDSA solely under the
Criminal Jurisdiction of the Ontario Court of Appeal
extended by Superior Court Justice Pitt.

5. On or before April 24 2006, I was informed that Canada
Post had search my mail and found a package of my marijuana
which was then delivered to Peel Regional Police and
immediately forwarded to the Morality Bureau for further
investigation and to be dealt with according to your policy
and procedures.
6. In my correspondence with the police, I forwarded a copy
of the Court of Appeal ruling and the Order of Justice Pitt.
My request was also forwarded to the Morality Bureau for
their information and action they deemed appropriate.

7. On May 17 2006, I was told that Constable Rita Late,
after lengthy discussion with Mr. John North of the
Department of Justice, had completed her investigation and
concluded the marihuana should not be returned to me. She
said that John North had contacted the Department of Justice
in Ottawa as well as Health Canada in Ottawa regarding the
Terry Parker matter, which resulted in the following
information;
a) I had an exemption under section 52 of the Controlled
Drugs and Substances Act (CDSA) before the Medical Marihuana
Access Division of Health Canada (MMAR) came into effect.
b) My Constitutional exemption to possess marihuana lapsed
in 2004.
c) I do not have a current Constitutional exemption nor do I
have a license under the MMAR to possess marihuana.

8. The three items include four errors:
a1) Ministerial Exemptions are not granted under CDSA S.52
but under S.56;
a2) My temporary 6-month S.56 exemption had expired when I
applied to Pitt J. for an extension of my constitutional
exemption granted by the Ontario Court of Appeal;
b) I never received notice that my constitutional exemption
had expired in 2004 and do not see why;
c) In 1997, at the same time Ontario Justice Sheppard read
in a constitutional exemption for my possessing marijuana,
he also read in a constitutional exemption for my
cultivating it which, unlike the appeal against my
constitutional exemption for possession which the Crown
lost, there was no Crown appeal against my exemption to
cultivate. I remain exempted against s.7(1) of the CDSA
since 1997.

10. I am legally authorized to possess and cultivate
marijuana this affidavit is made in support of an
application for Order returning the controlled substance to
the Applicant.
________________________________
Terrance Parker
2209-55 Triller Ave.
Toronto, Ontario, M6R-2H6
Tel: 416.533.7756 Fax: 416.632.2334
Sworn before me in Toronto on June 02 2006.
___________________________
A COMMISSIONER, ETC.

JCT: Everybody keeps saying it's illegal for Canada Post to
search the mail but no one has yet had to explain how it
came to be seized.

This should be one very very interesting hearing. Anyone in
Toronto could help spread the word by contacting any Toronto
media and telling them about his June 21 hearing to get his
herb back.
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w_b_ryan@yahoo.com
science forum Guru Wannabe


Joined: 01 Jan 2006
Posts: 134

PostPosted: Sun Jun 04, 2006 12:27 pm    Post subject: John Turmel drinks his own piss. Reply with quote

"By the way, he thinks he's shaming me while I think
he's helping spread a message many people will
eventually thank me for. I couldn't ask for a better
plug to bring this natural miraculous healer to
everyone's attention, even if from a demented
lunatic. I'm so not ashamed that I even pee a mug
full and chug it in the DVD put out last year at
http://www.turmelmovie.com so it's not as if I'm not
happy to get the message out."
John "Piss Boy" Turmel
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