• TURMEL: Harris Federal Court 10-day supply win parsed (6/6)

    From John KingofthePaupers Turmel@1:229/2 to All on Thu May 9 08:33:30 2019
    [continued from previous message]

    decision in this case is rendered at trial and subject to
    the terms of paragraph 4 of this Order;

    4. The terms of the exemption for an Applicant who held, as
    of September 30, 2013, or was issued thereafter a valid
    Personal-use Production Licence pursuant to section 24 of
    the Marihuana Medical Access Regulations or a Designated-
    person Production Licence pursuant to section 34 of the
    Marihuana Medical Access Regulations, shall be in accordance
    with the terms of their licence, notwithstanding the expiry
    date stated on that licence;

    5. Scheduling directions shall be issued after consultation
    with counsel for the parties with the view of fixing a trial
    date as soon as practicable;

    6. The Applicants are not bound by an undertaking pursuant
    to r 373(2) of the Federal Courts Rules; and

    7. The parties shall bear their own costs.

    Schedule "D"
    (v) Summary of Orders Made

    [148] The order will be made in the same terms as the Allard
    order except that the plaintiffs in the present case will be
    exempt from the 150 gram personal possession limit imposed
    by s. 5(c) of the MMPR to the following extent:
    a) Kevin Garber will be entitled to possess up to 600
    grams of cannabis on his person;
    b) Philip Newmarch will be entitled to possess up to
    1,670 grams of cannabis on his person;
    c) Timothy Sproule will be entitled to possess up to 360
    grams of cannabis on his person; and
    d) Marc Boivin will be entitled to possess up to 1,000
    grams of cannabis on his person.
    [149] Additionally, Marc Boivin will be permitted to produce
    486 plants and store 21,870 grams of cannabis at the address
    set out in his MMAR licences.
    [150] The application for an order for a constitutional
    exemption from ss. 4, 5 and 7 of the CDSA is dismissed.
    [151] The application by Timothy Sproule to store 7,920
    grams of cannabis at his current residential address in
    Vancouver and to transport 7,920 grams from his production
    site to his storage site is dismissed.
    [152] The application to permit the plaintiffs to produce
    and store medical cannabis at any address where they reside
    if such address is different from those set out in their
    MMAR licences is dismissed.
    [153] The parties shall bear their own costs.

    FEDERAL COURT
    SOLICITORS OF RECORD
    DOCKET:
    T-1765-18
    STYLE OF CAUSE:
    ALLAN J. HARRIS
    HER MAJESTY THE QUEEN
    V
    AND DOCKET:
    T-1716-18
    STYLE OF CAUSE:
    RAYMOND LEE HATHAWAY
    HER MAJESTY THE
    V
    QUEEN
    AND DOCKET:
    T-1913-18
    STYLE OF CAUSE:
    MIKE SPOTTISWOOD
    HER MAJESTY THE QUEEN

    MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO
    ORDER AND REASONS:
    BROWN J.
    DATED: MAY 7, 2019

    WRITTEN REPRESENTATIONS BY:
    Allan J Harris
    ON HIS OWN BEHALF IN T-1765-18
    Raymond Lee Hathaway
    ON HIS OWN BEHALF IN T-1716-18
    Jon Bricker
    FOR THE DEFENDANT
    Wendy Wright
    SOLICITORS OF RECORD:
    Attorney General of Canada
    FOR THE DEFENDANT
    Ottawa, Ontario

    JCT: So my http://johnturmel.com/ins150.pdf now mentions:

    On May 7 2019, Justice Brown dismissed the Crown's motion to
    strike the Statement of Claim challenging the 150-gram cap
    on possession and shipping of marijuana and leaving the
    previous 30-day supply under the MMAR.
    He also granted the motion of Allan J. Harris to carry a 10-
    day 1Kilogram supply for his 100 gram/day prescription.
    He also gave the Crown 20 days to explain why he should not
    grant the same remedy to all those who filed a Statement of
    Claim with him.
    If you are inconvenienced by the 150-gram cap, you only have
    to pay a $2 filing fee to file your own claim online and be
    dealt with too.
    Sadly, only those who file claims for 30-days can get the
    10-day interim remedy until we win the 30-days.
    So take the 10 minutes to fill out the form and file it
    online.

    JCT: I already got a call today from someone signing on in
    Quebec who's going to passing along the instructions page.

    --- SoupGate-Win32 v1.05
    * Origin: www.darkrealms.ca (1:229/2)