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[CANADA] New Appeal Dates (May 7-8) for R v. Mernagh (to end prohibition)

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#1
pepper23

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http://www.mernagh.c...ates-to-change/

Ontario Court of Appeal dates chosen. When fighting the man having patience is key to victory.
After spending a week hunkering down on our response for the R v. Mernagh appeal, Paul Lewin and myself have decided more time is needed to respond to the prosecutor’s fifty-four page factum. I began growing my appeal playoff beard and got my hair cut respectable. We were getting our eye of the tiger on and practicing putting on headbands. Now like George St. Pierre we’ve had to back out. So, new Ontario Court of Appeal dates will be chosen, probably in six to eight months from now. Two nice summer days would be great because we can smoke out the Osgoode Hall grounds before, during and after court. No one wants to smoke joints outside in March.

Yes, I know many people will be disappointed to read R v. Mernagh dates are changing. Some people have already booked off work. Then there are those people charged with a cannabis crime who are waiting on the outcome of my precedent setting case having their fate postponed.
We don’t want to rush our written response to Ontario Court of Appeal justices. Our patient witnesses agree. SB gave us our new moto, “Proper Prior Planning Prevents Piss Poor Performance.” It’d be wonderful goal to have those witnesses who would like to attend the appeal in person to be sitting in the front row.
Besides Lewin, Canadian Civil Liberties Association and HIV AIDS Legal Clinic Ontario are also preparing factums. The three justices reviewing the appeal will rely heavily on the prosecutor, our’s and intervener’s factums – not the two days of oral arguments – to form their opinions. Only evidence presented at my trial will be reviewed. No new stats. No new problems. No proposed changes. We created a small mountain of transcripts, 3200 pages worth, which both sides will use as ammunition. It’s going to take us time to review the evidence and carefully craft our written response.
I’ll announce dates when I get them.


Mernagh Court Dates May 7 & 8 | Matt Mernagh

New court dates are May 7 and 8. Days following the Global Marijuana March.

News about us changing the Mernagh court dates seems not to be traveling as fast as news about the old court dates. Plenty of enthusiastic potheads have tweeted me, msg me on FaceBook, sent an email and even asked in person about what’s happening in court this week – I’ve had to respond the dates were changed to May 7 and 8 to accommodate our rebuttal to their appeal. So many requests I’ve opted to write another quick post. We are in Ontario Court of Appeal on May 7 and 8, which just happens to be the days following Global Marijuana March (May 5). How amazing is that? It’s almost too awesome for words. The excellent energy from worldwide protests will just carry over into the courtroom. I’m sure of it. When I was informed of the new dates, my immediate thought was, ‘that’s after the Global Marijuana March how incredibly timed.’ Why not make a weekend of it? Come out for Toronto’s Global Marijuana March (the largest in the world) then Monday morning join me at Osgoode Hall at Queen and University for the most extensive assault on Canada’s marijuana laws ever. Will Canada’s second highest court uphold The Mernagh Ruling, effectively legalizing marijuana possession and production?


Edited by pepper23, 16 April 2012 - 12:02 PM.
added original article


#2
Blazed4dayz

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im ready for it.

I'm going to the march, I didn't know the case was the day after...
Mernaugh, ill be there as 1 of the anonymous stoners from this site...spreddin positive vibes and all.

HOPE YOU WIN. watch it get pushed back another few months -,-

#3
pepper23

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I know, it's been delayed so many times. -.- It was originally May '11, then bumped to Nov '11, then sometime since then it got bumped to May '12. C'mon guys, Canada's pot laws have been unconstitutional for almost a decade; let's not delay any further!

Honestly, I'm not getting overexcited considering Mr. Harper's recent policies, but I think that it should at least spark an open and honest debate among the parties. NDP/Green always are for decriminalization/legalization, Liberals only do so when it's hip to do so, and the Conservatives think the devil's weed is the source of all evil in this country. Like I said, I can't see them standing by as Canada's pot laws expire. That said, they're running out of time to change the laws, and they probably can't do so without sparking a debate on the criminalization of marijuana.

#4
DR K

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Thanks pepper! been lookin for info about this case:hello:

Hey Canada... we still got a fight on our hands:devious:

#5
dembonez

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I will be at the march being from Toronto im going to show nothing but my full support!

#6
Ontarios

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I know, it's been delayed so many times. -.- It was originally May '11, then bumped to Nov '11, then sometime since then it got bumped to May '12. C'mon guys, Canada's pot laws have been unconstitutional for almost a decade; let's not delay any further!

Honestly, I'm not getting overexcited considering Mr. Harper's recent policies, but I think that it should at least spark an open and honest debate among the parties. NDP/Green always are for decriminalization/legalization, Liberals only do so when it's hip to do so, and the Conservatives think the devil's weed is the source of all evil in this country. Like I said, I can't see them standing by as Canada's pot laws expire. That said, they're running out of time to change the laws, and they probably can't do so without sparking a debate on the criminalization of marijuana.


Remember, Harper can get pissed off all he wants about the legislation of marijuana, but I'm telling you that he has less power than the supreme court. If this law passes, Harper can cry all he wants about it, but its still going to be legal.

#7
Ontarios

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[ame=http://www.youtube.com/watch?v=gVSWSHM_7w0]The Mernagh Appeal - YouTube[/ame]

#8
ewb

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Once again best of luck to Matt Mernagh and crew. Biggest movement is on their shoulders.

#9
pepper23

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Remember, Harper can get pissed off all he wants about the legislation of marijuana, but I'm telling you that he has less power than the supreme court. If this law passes, Harper can cry all he wants about it, but its still going to be legal.


This is misinformation. Harper could put a stop to cannabis legalization and I'll explain the how & why.

First of all, this is the Ontario Superior Court, NOT the Supreme Court of Canada. This means the gov't could appeal yet again. Also, the court has ruled that since the medical marijuana program in Canada is dysfunctional, then the laws against prohibition are invalid. All Harper would need to do is to "fix" the medical marijuana program so that patients can access their medicine in a reasonable manner, and just like that, the laws against posession (for non-medical purposes) are valid again. In all likelyhood, the court will give the feds a grace period to fix the laws before they become invalid, and the only way for legalization to become a reality is if Harper and the House of Commons sits idle during this grace period.

Edited by pepper23, 24 April 2012 - 04:13 PM.


#10
Ontarios

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This is misinformation. Harper could put a stop to cannabis legalization and I'll explain the how & why.

First of all, this is the Ontario Superior Court, NOT the Supreme Court of Canada. This means the gov't could appeal yet again. Also, the court has ruled that since the medical marijuana program in Canada is dysfunctional, then the laws against prohibition are invalid. All Harper would need to do is to "fix" the medical marijuana program so that patients can access their medicine in a reasonable manner, and just like that, the laws against posession (for non-medical purposes) are valid again. In all likelyhood, the court will give the feds a grace period to fix the laws before they become invalid, and the only way for legalization to become a reality is if Harper and the House of Commons sits idle during this grace period.


True, thanks for the info. I am pretty sure the courts have already given their grace period though, since last year when the judge said "changes must be made within 30 days, or marijuana will be legal" (or something was said along those lines). Mind you the gov't pushed the date back like 4 times. But yeah, I'm fairly certain the grace period has happening, and on May 7th that is when the grace period is over. So if they do not make a good enough case to overturn the 100 page document that is in favor of legalization, then it will be legal.

So my question to you is: If all of these judges at the Superior Court are in favor of legalizing, based on the bad case made by the government, can marijuana still stay illegal? So let's say the gov't loses this case, and all the judges are in favor of Mernagh's ruling, then I dont see how they can just go against that. Isnt that the point of the court system?

Sorry I'm just rambling on :o

#11
msilladelph

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get the latest interview with Matt Mernagh TruthOnPot.com | [Matt Mernagh] A Toronto Activist's Fight for Fair Medical Marijuana Laws, Toronto's Global Marijuana March better be the largest one yet! the 420 celebration was.

#12
Creativeshroome

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True, thanks for the info. I am pretty sure the courts have already given their grace period though, since last year when the judge said "changes must be made within 30 days, or marijuana will be legal" (or something was said along those lines). Mind you the gov't pushed the date back like 4 times. But yeah, I'm fairly certain the grace period has happening, and on May 7th that is when the grace period is over. So if they do not make a good enough case to overturn the 100 page document that is in favor of legalization, then it will be legal.

So my question to you is: If all of these judges at the Superior Court are in favor of legalizing, based on the bad case made by the government, can marijuana still stay illegal? So let's say the gov't loses this case, and all the judges are in favor of Mernagh's ruling, then I dont see how they can just go against that. Isnt that the point of the court system?

Sorry I'm just rambling on :o



Yes my friend that is the point of the court system, but due to harper being a magnificant cunt he can really just fuck things around further and appeal again if he wanted. This isnt at the surpreme court of canada yet, its still in ontario. It really does seem that simple but it isnt, when it comes down to it harper will probally do whatever the fuck he wants and there will be minimal repercussions because generally Canadians dont give a fuck, we are passive and let this shit happen. see one of my other rants in regards to this. harpers a fuck dont get ur hopes up

#13
PaulKemp420

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I am surprised he hasnt done away with the mmar program all together honestly, especially in the budget..

#14
ReallyRed

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So, if the case is ruled in favour of legalization, what assurance do we canadians have that the government isn't going to just turn around and make it illegal again, even though it's been deemed unconstitutional?

#15
Creativeshroome

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So, if the case is ruled in favour of legalization, what assurance do we canadians have that the government isn't going to just turn around and make it illegal again, even though it's been deemed unconstitutional?


We don't have any guarantee at all and that's what we should be worried about. The government has the power to really do whatever. Largely because Canadians are complacent.

#16
Gryphonics

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Lol, not going to happen, the government is too greedy, it would kill the economy worse then it already is and everybody would be out of work because it would fuck over every industry except for food.

I'm happy the way it is now, medicine.

Even if it was legal there would be restrictions and would still be treated as a drug, don't think legalizing it makes the world Super Happy Land

#17
PaulKemp420

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I think it would help the economy. Think of all the jobs that would be created and the revenue generated. It is a billion dollar industry, and one of Canada's biggest exports.

#18
ReallyRed

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I think it would help the economy. Think of all the jobs that would be created and the revenue generated. It is a billion dollar industry, and one of Canada's biggest exports.


pretty much this.

besides, when you actually start to pay attention to the whole issue surrounding regulation via legalization, it just makes sense.

besides, dealers don't typically ask for ID... but shops that are licensed to sell it would have to. yes, kids are probably going to find ways (like they do with alcohol and tobacco) but regulating it much like tobacco and alcohol would make it much harder for minors to obtain it.

#19
ewb

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So, if the case is ruled in favour of legalization, what assurance do we canadians have that the government isn't going to just turn around and make it illegal again, even though it's been deemed unconstitutional?


If the court deems the laws unconstitutional the current marijuana laws would become completely invalid and thus marijuana would become legal. In order for the government to make it illegal again they would need to create new laws and get them passed through the Senate three times, which could take multiple years.

#20
Creativeshroome

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Lol, not going to happen, the government is too greedy, it would kill the economy worse then it already is and everybody would be out of work because it would fuck over every industry except for food.

I'm happy the way it is now, medicine.

Even if it was legal there would be restrictions and would still be treated as a drug, don't think legalizing it makes the world Super Happy Land




IMO you are completely wrong and hugely misinformed. How would legalization kill the economy, that’s an absolute ludicrous nonsense statement! How the fuck would it hurt industries? Oh because pot kills motivation so no one would want to work? Like what the fuck are you talkingabout your happy the way it is as medicine? It sure is fuck isn’t available as medicine when something like less than one quarter of 1% of doctors has signed MMAR forms.Obviously there would be limitations like alcohol and tobacco that's only common sense. Holy fuck reading things like this scares me, how are people so misinformed?

Edited by Creativeshroome, 06 May 2012 - 05:52 PM.





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