mmar injunction APPEAL filed by feds

[Buddha1]

Cannabis is going to drastically effect profits from Pharma, Alchohol and Tabacco.

They have about 5 years left to keep printing money imo

i will disagree.

thats like saying heroin and crack junkies or methheads would just turn to pot just cuz its legal lol. addictive will always beat out non addictive substances.

true fact: the more marijuana gets legalized globally, the more heroin gets produced, the more addicts it claims, the more deaths and overdoses recorded

2 pennies homie

med-man

Also...A proven, from pot friendly countries.

The more legal an atmosphere for Marijuana...The less Marijuana is used.

I do agree with the Pharma thing, because it's already happening, probably one of the main reasons the Conservatives opted for the MMPR program over the MMAR. All these safety issues and Organized Crime controlled reasons are just fear mongering that are just unproven smoke and mirrors.

My 2 cents...
Peace...B

 

[Canada]

i will disagree.

thats like saying heroin and crack junkies or methheads would just turn to pot just cuz its legal lol. addictive will always beat out non addictive substances.

true fact: the more marijuana gets legalized globally, the more heroin gets produced, the more addicts it claims, the more deaths and overdoses recorded

2 pennies homie

med-man

I would have to agree 100% with all of what you just said . I was a full blown dilaudid junky 200mg a day and cannabis didn't factor into my lifestyle then. Now looking back 10 years ago and thinking about what I went through legal weed wouldn't have made a difference in my choices .

 

[med-man]

i still would have to also agree about pharma though

in the bigger scheme of things, the real greed junkies worried are oil, textile, clothing and construction repsectfully. hemp empowers humans to not have to rely on an artifical, uneeded corporate body of nobodies who banned a plant to make themselves somebodies

med-man

 

[Buddha1]

Dose anyone know how long it takes before the federal court has to decides if or when an appeal will be heard. They(Health Canada) had 10 days to appeal the injunction of Mar. 21/14 or forget it, the same should apply to an appeal request. How many days do the courts have to decline or approve the Health Canada appeal???

Been about a week since HC filed for a appeal.

Peace...B

 

[med-man]

bc law, google sluething : http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96077_01#section14

Bringing an appeal
14 (1) The time limit for bringing an appeal or an application for leave to appeal is

(a) 30 days, commencing on the day after the order appealed from is pronounced, or
(b) if another enactment specifies a different period, that different period.
(2) An appeal or application for leave to appeal is brought
(a) by filing a notice of appeal or notice of an application for leave to appeal in a registry, and
(b) by serving a copy of the notice on every respondent, unless a justice orders that service on a respondent may be dispensed with.
(3) Within 10 days after serving all respondents required to be served, the appellant must file in a registry proof, in form satisfactory to the registrar, that a copy of the notice of appeal or application for leave to appeal has been served on every respondent required to be served.
(4) If leave to appeal is granted, the appeal is deemed, for all purposes, to have been brought.
Cross appeal
15 (1) By bringing a cross appeal, a respondent may request the court to vary any part of the order from which the appeal is brought.

(2) A cross appeal must be brought within 15 days after the respondent is served with the notice of appeal or order granting leave to appeal, whichever is later, and section 14 (2) and (3) applies as though the respondent bringing the cross appeal was an appellant.
(3) Subject to a rule under section 1 (5) (b) of the Court Rules Act, a cross appeal must for all other purposes of this Act be treated as an appeal.
Appeal book and transcript
16 In accordance with the rules, the appellant must file an appeal book and transcript in a registry.

Proceedings to be in Court of Appeal
17 Subject to any other enactment, if an appeal or application for leave to appeal has been brought, all proceedings relating to the appeal must be in the Court of App

med-man

 

[Chimera]

^^ This is the Federal Court not the Supreme court.

Is that from a lawyer or your interpretation after google sleuthing?

My understanding is, Buddha, that Conroy has 10 days after the Appeal was filed to file a response, and a hearing will be scheduled shortly thereafter to hear the Appeal. The lawyer I spoke with (John is away) said that was the next step, and things could be in court again within a couple of weeks to hear the appeal. (this was a week ago, when the appeal was filed).

With this shipping fiasco out of Kelowna and LP's buying "marijuana products" from DPL and PPL holders in the metric tonne range, I can't see the judge squashing the injunction at this point; sure seems like a trial will need to be heard to address these glaring faults with the repeal of the MMAR.

 

[Chimera]

bc law, google sluething : http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96077_01#section14

Bringing an appeal
14 (1) The time limit for bringing an appeal or an application for leave to appeal is

(a) 30 days, commencing on the day after the order appealed from is pronounced, or
(b) if another enactment specifies a different period, that different period.
(2) An appeal or application for leave to appeal is brought
(a) by filing a notice of appeal or notice of an application for leave to appeal in a registry, and
(b) by serving a copy of the notice on every respondent, unless a justice orders that service on a respondent may be dispensed with.
(3) Within 10 days after serving all respondents required to be served, the appellant must file in a registry proof, in form satisfactory to the registrar, that a copy of the notice of appeal or application for leave to appeal has been served on every respondent required to be served.
(4) If leave to appeal is granted, the appeal is deemed, for all purposes, to have been brought.
Cross appeal
15 (1) By bringing a cross appeal, a respondent may request the court to vary any part of the order from which the appeal is brought.

(2) A cross appeal must be brought within 15 days after the respondent is served with the notice of appeal or order granting leave to appeal, whichever is later, and section 14 (2) and (3) applies as though the respondent bringing the cross appeal was an appellant.
(3) Subject to a rule under section 1 (5) (b) of the Court Rules Act, a cross appeal must for all other purposes of this Act be treated as an appeal.
Appeal book and transcript
16 In accordance with the rules, the appellant must file an appeal book and transcript in a registry.

Proceedings to be in Court of Appeal
17 Subject to any other enactment, if an appeal or application for leave to appeal has been brought, all proceedings relating to the appeal must be in the Court of App

med-man

LOL um nice edit... ... bummer about that time stamp.

It's still wrong, this proceeding is in the FEDERAL COURT, not the BC Court, not the BC Supreme Court, not the BC Criminal Court, not the Supreme Court of Canada. The rules you need to look up are from the Federal Court, or read the Federal Court Act.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-106/index.html

See:

I believe this is an Appeal of an Interlocutory Injunction. Don't take my word on it though or that of any google armchair lawyer, contact a professional lawyer for reliable clarification.

 

[PARADOX]

haha dry sift msg

 

[Buddha1]

^^ This is the Federal Court not the Supreme court.

Is that from a lawyer or your interpretation after google sleuthing?

My understanding is, Buddha, that Conroy has 10 days after the Appeal was filed to file a response, and a hearing will be scheduled shortly thereafter to hear the Appeal. The lawyer I spoke with (John is away) said that was the next step, and things could be in court again within a couple of weeks to hear the appeal. (this was a week ago, when the appeal was filed).

With this shipping fiasco out of Kelowna and LP's buying "marijuana products" from DPL and PPL holders in the metric tonne range, I can't see the judge squashing the injunction at this point; sure seems like a trial will need to be heard to address these glaring faults with the repeal of the MMAR.

My bad...It must be "Supreme Court" where the courts can decide if and when an issue will be heard.

The injunction was settled in federal court. So...If I interpreted everything correctly. I am understanding that the appeal is good and we(the coalition) have 10 days to answer. If answered within the 10 days a date is set(probably within 2 weeks) to hear all the evidence of both sides and then a verdict will be rendered. This should all happen by the end of the month or shortly after months end...Correct??

Now, that being said...Is that the last time Health Canada can appeal this injunction or can they go to a higher court and appeal the injunction again???

I'm not trying to be a thorn in anyone's side, by asking stupid questions over and over...I'm just trying to figure out a time line.

It would be pointless to fire up a garden again until all the avenues to Health Canada are closed, they(HC) despise the home grower, and will continue to try to close us down at all cost. I am(as well as other) on a low income, we don't have the luxury of throwing good money after bad. To me, if I start up growing my meds again, I have to be able to finish(this would be a financial must). If I have to shut down in the middle, this expense I can't justify(Its a few hundred, plus power cost). I need everything in the courts finished so I can decide my course of action.

Please bare with me...I'm sure there are others that need these same answers.

Peace...B

PS. I'm sure you are correct...The fiasco at the Kelowna airport will most likely stop the appeal, but I need to be sure...Thank you for your response.

 

[CanPotPatient]

I need everything in the courts finished so I can decide my course of action.

Im right here with you on that brother! Just trying to decide my course of action based on the limited answers we are getting on this clusterfuck they have created. I know there are peeps in this room with bigger balls than me, that will always grow despite regulations. I am one that would 'like' to do it legally,.. but they are not making it easy at all for us. I am a 3/4 oz./daily patient that couldn't possibly be able to afford this under the new regime either. I will gladly give them my 'new' address should they decide to take the information.

CPP

 

[Chimera]

Lots of people in your shoes guys, I know a bunch of people waiting to buy nutrients, bulbs and dirt before things get settled with the injunction.

Take my advice, try to keep things vegging or get setup to go once the judgement on the appeal happens within a couple of weeks (hopefully).

Definitely no need to drop $ on startup again unless a crop is assured, but being set to go if the green light does come is priceless.....

 

[Rabbi]

Personally I'm just continuing like it's business as usual untill I find out it's not.

 

[med-man]

i am with rabbi

powers in numbers. keep growing, they cant contain 40,000 people

med-man

 

[blastfrompast]

I got my next round vegging till the weekend, then clones to cut and flip...

More WW....Haven't popped my beans yet, that is for the weekend...

I do wish I had a timeline....spring is around the corner and that means OD

 

[TheBlackman]

yo
let it grow, let it grow,
on with the show, cause we all know,
leavin' it up to Health Canada,
will leave us with no flow,
so on with the show,
an let the good times grow!

 

[CanPotPatient]

yo
let it grow, let it grow,
on with the show, cause we all know,
leavin' it up to Health Canada,
will leave us with no flow,
so on with the show,
an let the good times grow!

and atleast were getting rid of the snow!, lol

 

[Buddha1]

Lots of people in your shoes guys, I know a bunch of people waiting to buy nutrients, bulbs and dirt before things get settled with the injunction.

Take my advice, try to keep things vegging or get setup to go once the judgement on the appeal happens within a couple of weeks (hopefully).

Definitely no need to drop $ on startup again unless a crop is assured, but being set to go if the green light does come is priceless.....

Exactly were I am...At the ready!! Still got my mother and I'm at hang fire until the green light happens. But also ready to dump everything if we get that red light in a few weeks too.

I live in BC's Fraser Valley where the lovely Sharon Gaetz is ready to pounce on all the legal Medical grows she has knowledge of as soon as she is allowed. I know it's only the legal MJ grows that have been investigated in the past, that she will have on her hit list. Since I have been legal for 8 years, chances are I've been investigated. She admitted to the newspaper that she's giving extra funds to the RCMP to hire more officers, to bust/inspect the 335 out of the 600 she knows of in her district...Scary Fuckin Times!!

Fingers Crossed People
Peace...B

 

[northernkush]

That's brutal Buddah. You think she is bluffing or actually ready to do that? I thought the rcmp was provincialy funded?

 

[paladin420]

Keep fightin guys n gals!!!

At least the snow is going down here.

 

[Buddha1]

That's brutal Buddah. You think she is bluffing or actually ready to do that? I thought the rcmp was provincialy funded?

I have to error to the side of cation with Mayor Gates.

She is an "Ordained Minister" with her church in Abottsford BC, and most religious people seem to be of the closed minded persuasion. Once they form an opinion on a subject, be it good or bad, they are like "Pit Bulls" in there conviction. Sharon Gates has headed the fight for years against Medical MJ being grown in her town(I think she really believes it is her town too) and the Fraser Valley. Along with other Mayors like the Mayor of Surrey(Don't know her name), Gates tried to get Health Canada to reveal all the Medical growers, she believes that growing MJ for Medical reasons is not a private issue between patient and Doctor. She believes all the neighbours have the right to know because they are affected and are in danger.

I need to be cautious to an extreme when deciding what she will do or not do.

As far as the RCMP being provincially funded, I wouldn't know.

I just know she stated in the local newspaper, she was freeing up funds, so the local RCMP detachment could hire more officers to investigate all known medical grows(She said she knows of 335 in the article). She wanted to make sure that all Medical grows are shut down after April 1/14 and no longer producing. That they are cleaned up, the electrical inspected and a remediation is done for mold and mildew. If this is not done, the house goes on a list so future home buyers will know MJ was grown at the address.

I don't know anyone that is growing for Medical purposes that can afford a complete electrical up grade and remediation in order to stay off her BAD HOUSE list. The Mayor of Surrey is doing a similar inspection and will charge $5200.00 for the inspection, clean up, electrical and remediation will be extra costs.

Its a total witch hunt attitude.

Peace...b