 | JCT: I got a phone call today from Rev Michael "Tarzan" Ethier from the North Bay jail at 2550 Trout Lake Rd. North Bay P1B 7S7.
He said he was facing only S.5(2) like me. Which explains why the judge may have accepted S.4 and S.7 being repealed but not that it affected Section 5(2). But he says he did raise Parker as the reason that S.4 was down and Krieger as the reason that S.7 was down. So the judge may not have said "I agree but.." but only "but you're charged with S.5." Can't wait to find out.
He said he has no S.5(1) trafficking so he's on an identical Turmel charge possession of the bad purpose under S.5(2). If he gets his quashed next Thursday Jan 27 in Sturgeon Falls, it helps me get mine prohibited at the top.
So here's how I explained his situation vis-a-vis mine.
In the lower court, I only made the Letter of the Law argument and only heard the Spirit of the Law argument on Oct 22 2004 from Justice Earle-Renton 2 weeks after I'd served my Supreme Court leave application. And I was going to add it to my Letter of the Law argument in my upcoming last Reply.
I explained to him how he could also raise the Letter of the Law but it was pretty useless in Ontario if the judge was going to say he was bound by the Court of Appeal in Turmel's S.5(2) challenge. Letter of the law should have better chance in a non-Ontario case.
But Mike should still make it just in case a judge may not like the Doherty panel and wants to diss them by siding against them when they're wrong knowing he'll eventually be proven right. And righteous too.
But the Spirit of the Law argument has never been tested in the lower court where the S.4 had been accepted as invalid before.
Justice Earle-Renton did say that if it's legal to possess, possessing can't have an illegal purpose. Once the spirit of the law is gone, it boils down to thought crime. Sure, I'm raising it in the highest court very soon but wouldn't it be wonderful to find Spirit victorious in the lower court first?
So, the transcript of the judge's statements about Parker and especially Krieger could prove of great value to all upcoming cases, maybe some old ones too.
Anyway, I told him to call the Spirit of the Law his Earle- Renton card and the Letter of the Law his Turmel at the top card and he only had to show S.4 and S.7 are dead to call them both into action.
-- Abolitionist Slave Leader John C."The Banking Systems Engineer" Turmel for UNILETS interest-free time-based currency in U.N. resolution C6 to Governments in the http://www.un.org/millennium/declaration.htm http://www.cyberclass.net/turmel 519-753-0645 USENET: can.politics
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