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| Science Forum Index » Economy Forum » TURMEL: Parker's 2nd letter to the SCC clerk |
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| John Turmel |
 Posted: Sat Jan 14, 2006 1:41 pm |
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[quote:87692143b5]Date: Wed, 11 Jan 2006 00:12:09 -0800
From: willwrld@telus.net (Noreen Evers)
Subject: Re: TURMEL: Reply - Parker's letter to SCC clerk
To: terryparkerjr@sympatico.ca
[/quote:87692143b5]
N: PART 3 - POWERS OF THE REGISTRAR
Order of Registrar Binding.
Dispensing with Compliance.
Extension or Abridgment.
Review of Order of Registrar.
78. (1) Within 20 days after the Registrar makes an order,
any party affected by the order may make a motion to a judge
to review the order.
(2) The affidavit in support of the motion shall set out the
reasons for the objection to the order.
JCT: Marc and I didn't even get an Order from the Registrar,
just a letter to me saying that after Binnie J.'s decision,
there was nothing more that could be done. Maybe I should
have tried this. Still may though I'll have to ask for an
extension of time. Har har har.
N: Dismissal for Delay - Appeals.
65. (1) If, after leave to appeal has been granted or in the
case of an appeal for which leave to appeal is not required,
an appellant fails to serve and file a notice of appeal
within the time set out in paragraph 58(1)(b) of the Act or
the time extended under subsection 59(1) of the Act, the
Registrar may send notice of intention in Form 65 to the
appellant and copies to all other parties, and a judge may
dismiss the appeal as abandoned if the time for serving and
filing the notice of appeal is not extended by a judge on
motion.
JCT: That's what they say happened to the two most important
medpot challenges in Canada.
N: You should check, but it reads to me that they ARE giving
you the leave to serve notice of appeal, but you still have
to get the extention of time, otherwise your application
would be invalid. Noreen
JCT: No one can give us leave to appeal except 3 judges. We
are discussing whether the application for leave will be
heard.
Terry called to say that the Supreme Court Registry has
called several times urging him to file an motion for an
extension of time to file his application for leave to
appeal. Chantal Soucy told him that Section 59(4) only
applies to appeals, not applications for leave to appeal.
Now, let's get this straight. I've printed this before but
no one can appreciate the sleaze of the Supreme Court
without seeing the words right out of the Act. Nowhere are
we talking about any appeal because we haven't been granted
it yet. It can only be referring to applications for leave
to appeal.
So I've prepared a letter for Terry which explains it all
once again:
http://yahoogroups.com/group/medpot-discuss/files/tpdll2.txt
Terrance Parker
2209-55 Triller Ave.
Toronto, Ontario, M6R-2H6
Tel: 416.533.7756 Fax: 7703
Email: terryparkerjr@sympatico.ca
BY MAIL
Jan 15 2006
Chantal L. Soucy
Senior Registry Officer
Supreme Court of Canada
301 Wellington St.
Ottawa, Ontario, K1A 0J1
Tel: 613-996-8666 Fax: 613-996-9138
Internet: http://www.scc-csc.gc.ca
Email: registry-greffe@scc-csc.gc.ca
re: File No. 31245
Terrance Parker v. Her Majesty The Queen
Dear Ms. Soucy:
You have told me that Section 59(4) of the Supreme Court Act
refers to appeals in forma pauperis and not to applications
for leave to appeal in forma pauperis. You ask me to apply
for an extension of time like non-forma pauperis applicants.
From the Supreme Court of Canada Act:
Time periods for appeals
58. (1) Subject to this Act or any other Act of Parliament,
the following provisions with respect to time periods apply
to proceedings in appeals:
(a) in the case of an appeal for which leave to appeal is
required, the notice of application for leave to appeal and
all materials necessary for the application shall be served
on all other parties to the case and filed with the
Registrar of the Court within sixty days after the date of
the judgment appealed from..
Appeals in forma pauperis
59. (4) Notwithstanding anything in this Act, a judge may,
on an application for leave to appeal in forma pauperis,
allow an appeal by giving the applicant leave to serve
notice of appeal although the time prescribed by section 58
has expired.
A judge may allow an appeal in forma pauperis by granting
leave although the 60 days in section 58 has expired without
an extension of time being necessary. Section 59(4) refers
to the application for leave, not the appeal itself.
I will not submit an application for an extension of time
until you explain why Section 59(4) does not apply to
applicants for leave to appeal in forma pauperis like me.
___________________________
Terrance Parker
JCT: If anyone thinks there is sufficient reason not to send
the letter but to instead file the application for extension
of time to apply for leave, speak up before Monday. |
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