here's a read..John Turmel about the things that are happening on our case
https://groups.yahoo.com/neo/groups/turmel/conversations/messages/4643
@
JungleStrikeGuy any thoughts?
here's part of the article:
Mar 21 2014 Justice Manson ruled that in order to protect
the viability of the MMPR, he was cutting off half of
Canada's exemptees from their meds (including Allard co-
Plaintiff Tanya Beemish) and the remaining half would have
their permits cancelled for any needed change (including
Allard co-Plaintiff David Hebert).
In Dec 2015 three judges of the Court of Appeal can't
understand why Justice Manson would have Left Out half of
Canada's Exemptees from access to their medicine nor why he
was cutting off meds to people who needed permit changes.
sNote, they didn't even notice the 5 times Justice Manson had
said it was in consideration of the effects on the MMPR. But
rather than expand the relief themselves, concluding they
"could not speculate why" he left them out and not realizing
he had given his reason 5 times, they sent it back for his
reason. And he told them for the 6th time it was for
viability of the MMPR, if not the patients.
The only way to over-rule Manson's Death Penalty on Permits
was to go back to the higher Court that hadn't even
considered MMPR viability in their deliberations! And ask
for an Interim Order allowing all patients the needed remedy
while the appeal of Manson's Execution Order is challenged.
So Conroy appeals to the Federal Court of Appeal but does
not move for interim remedy. Let the patients live without
their meds while Conroy's appeal goes on. Get that? He
didn't ask for immediate remedy he would have most likely
received within days!!!
Now comes the Stab-in-the-Back. He tells all his hillbilly
supporters that the legal wisdom was to discontinue the
appeal to the higher court with jurisdiction to overrule
Federal Court Justice Manson to stay below and ask another
peer judge with no jurisdiction to vary Manson's Order.
Of course Justice Phelan dismissed the motion to vary on the
grounds he had no jurisdiction to vary a carefully-crafted
Order that Justice Manson meant to cut them off. No doubts
about it.
Get that! Conroy discontinued the appeal to the higher
judges with the jurisdiction to overrule Manson to go put on
a show below before a judge without any jurisdiction. Get
it? That whole motion to vary was smoke & mirrors.
No remedy for the Left-Outs! No remedy for those needing
amendments. All hope was not lost, but it was discontinued.
Now, if you're in the affected class, you can't start your
own Statement of Claim for relief. Phelan ordered all others
but Conroy's Plaintiffs are automatically stayed until the
Allard case is over, whether they're seeking anything to
help you or not. And usually not.
Nor can you file your own appeal because Conroy changed it
from a class action where you'd have a stake to an action
with only his 4 Plaintiffs having a stake; while making
everyone think they were in on it. Did you contribute
thinking he was protecting your right with theirs?
Some in the group did apply to appeal the Manson order
afflicting them but Federal Appeal Justice Dawson ruled only
Conroy's Beemish Left-Out and Hebert Moved-Out had standing
to appeal, no one else in the group since it's not a class,
and the Allard had it discontinued... Har har har har har
har, she must have chuckled at the patients being so screwed
by Conroy, but Jeff Harris is leading 17 people in appealing
her decision to the Supreme Court of Canada that only
Conroy's Plaintiffs have standing to appeal for the class
and since they discontinued, everyone else is out of luck
and have to live with it; or die, for some.
In regards to the whole appeal vs trial court thing this is something I should probably get a handle on ASAP so I can comment intelligently on it. But on the rest:
-It's common to stay a case with similar arguments. I get that people are suffering in the interim but this is not something Conroy came up with, so that part is sort of just ranting.
-IMO this should have never been a 'class action', this is a matter of constitutionality just like Parker, Hitzig, etc. But as for Turmel saying he's pretending 'you' have a stake, that's just a lie. In cases like this representative plaintiffs are used so the court doesn't have 10000 people in it. Everyone similarly situated has a 'stake', not just the 4 plaintiffs in this case. Turmel knows better.
-Ruling the 'left outs' were the only ones with standing to appeal is logical. If you are protected by the injunction, why would you appeal? That makes no sense. Again, this are
representative plantiffs, meaning if you fall into their circumstance you are represented. Turmel is skirting the line between misleading and outright lying here.
I have to again stress that interlocutory is not meant to address every need of the plaintiffs, but prevent irreprable harm as previously discussed with the 3-prong test. I really need to do some research on this whole trial vs appeal court stuff though as I have a suspicion Turmel isn't being truthful there either, hopefully within the next week.
Last comment is that I don't think there's a conspiracy, or 'backroom deals'. Some judges may be sympathetic to 'conservative' viewpoints, but we have a highly separated judiciary (thank goodness) in this country from the legislative branch. And right now Harper and judges aren't exactly BFF's.