Tech Electronics Win on Motion to have Goods Returned!!

[gunsmoke2]

Sept 26 th

" I see no reason why the order should be stayed in its entirely. The Crown acknowledges that it requires only the following for evidentiary purposes.

1) one complete Satellite System

2) Documentation that the Crown having considered the material is satisfied that it is relevant to the charge before the court.

3) the rest of the material is to be returned by Friday Sept 29th at 5:00 PM

Doherty J.A. "


Eddie,

No section 490 used or necesarry in this situation.. I guess Allan Gold was correct after all.

The Crown filed notice of appeal and an application of stay pending the appeal.. to try to keep the goods of course..

Nada.. says Justice Doherty.. ONLY ONE SATELLITE SYSTEM.. now thats Justice..

New Crown with new team.. suppose to be much smater but also more reasonable..

On Monday they are dismissing the trial but have a stay of the charges good for one year.

The Charges are dismissed but can be reinstated during the year.. thats in case they win the appeal on the Quash.. but atleast Tech will get back a few hundred thousands of dollars of goods..

I like this :)

Can be good for other situations..


GS2 http://www.legal-rights.org/images/smilesmok.gif

[To The Real King!!]

Horray for Mr. Justice Doherty!!!

I think the improper conduct of the Government (the crown) and the RCMP is BECOMING apparent to Judges across the country and I expect they will now have to act differently than the PUNITIVE WAY THEY HAVE IN THE PAST.

These improper actions will come back to “byte them in the ass”.

As to the 490 I dont believe that needs to be filed when a 24-2 charter remedy is given as it was to Dawn.

ESSENTIALLY I always argued with my lawyers that they should have made a certiori in my case too but they did not.

Now I believe anyone who is seized will be able to obtain one and have their goods returned. The COURTS will now be the ONLY ones to give out PUNISHMENT, if thats required and the RCMP will have to STOP doing this and setting themselves up as the judge and jury in satellite cases.

The RCMP are QUITE LAME but that is now becoming quite clear to courts who feel it is their job to meter out punishment when its deserved.

And they are RIGHT.

Meantime the Judges have clearly stated that it is NOT against the law to receive American or International encrypted signals in Canada whether you pay for them (you cannot pay lawfully in Canada) or NOT.

So grey market DirecTV® can be purchased and cards can be programmed and that is NOT against the law. There is NO THEFT as DirecTV® cannot lawfully collect a fee in Canada :)

Thats the LAW!!!

So WHAT is the justification (other than bribery) for seizing peoples property.

NOTHING!!!! Its not now and was NEVER justified.

http://www.legal-rights.org/images/niceday.gif
Thanks & Good Luck,

To The REAL King!!
-----------------------
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[Edited by To The Real King!! on September 27th, 2000 at 02:41 PM]

[North Sat]

just to clarify one thing, this was NOT a 24(2) remedy, the Judge clearly said he would leave the issue of admissability (24(2) and S.8) to the trial judge, this was ONLY a quashing of the warrant and the return of the goods seems to be hinged on the failure of the RCM(tv)P to file the required report to a justice...