ANOTHER BIG APPEAL WIN IN QUEBEC-AL GREGORY [Archive]

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To The Real King!!

May 29th, 2001, 04:59 PM

Hi Everyone,

Not only is today the second day in a row with a BIG SUPERIOR COURT ruling but the Honourable Judge Pierre Tessier in the Appeal of Mr. Al Gregory said some rather remarkable things.

Firstly he said that the DirecTV® signal is PUBLIC DOMAIN in Canada. That anybody can have it because it does NOT emanate from a lawful distributor in Canada. To receive and decode such an encrypted signal is NOT a THEFT in Canada as the "lawful Distributor" is an essential element of a crime.

The law does NOT prohibit receiving and decoding this DirecTV® signal in any way and Canadians and Quebecers may do it as THIS is the STATE of the LAW currently with reserve to a future Supreme Court Ruling.

Moreover he stated that the offence that the Crown has charged Al Gregory and other Quebecers with is NOT AN OFFENCE KNOWN TO LAW. This means that these charges should never EVEN been laid and the RCMP should have stayed HOME. No law is broken.

Now this case at this time has several important ramifications for Quebeckers and Canadians. First it is the first case that rules strongly on the issues by a Superior case Judge in Quebec. I got a Superior Court Ruling yesterday and it was VERY STRONG on the issue of jurisdiction but no where NEAR as strong on the issues because that was not what it was about. This one WAS and its the STRONGEST Ruling to date. I will have a written version in about 3 days and will post it at http://www.legal-rights.org for all to see. I will also get an English translation because its REALLY STRONG.

The Judge said so much that was important that I could NOT keep up with him in my writing and so made shorthand notes.

He said the Norsat Case was NOT applicable to Criminal law being a civil case so he did not consider it.

He agreed wholly with both the appeals Court of BC and the Appeals Court of Ontario and he restated much of those cases. But then he went on to interpret the law in his OWN language and the law was NOT ambiguous to him and he said that it very clearly states that it is not illegal to decode the SIGNAL of DirecTV® in Canada. He further said that this signal was PUBLIC DOMAIN and nobody had any authorized AUTHORITY in it in Canada. He LOVED the Dawn Branton case and quoted it extensively.

Perhaps the most important thing to arise out of this almost immediately is my good friend GS2 and his poor ruling in Longeuil Quebec. This coupled with the Ontario Court of Appeal should make the judge in his case give him a reversal. A judge can re-open a case at any time and reconsider new facts and new rulings.

Judge Provost, last year had said that he would be BOUND by a Superior Court Ruling in Quebec. Well guess what. Here is ONE. So this injustice, the only one in the whole country can finally be reversed if the judge so chooses.

This may be an opportunity that the Judge may be looking for at this point.

But one way or the other, the appeal to the superior Court is liable to be ruled in GS2's favor at long last, and more so with this ruling in place. You see we were RAIDED on the same day 3 years ago this fall and I can just imagine how badly I would feel if I had been so unlucky as to have had a "hanging judge" rule against ME when all other judges across the country were ruling for the Satellite Community. Having this happen (a RAID) is difficult enough on family life, business and on every aspect of life WITHOUT being told that there is no remedy and in fact that you are a criminal and will have to pay a potentially ruinous fine. That would just about put me over the EDGE. At least I have had the good fortune to have TWO excellent judges who have made 2 rulings in my favor now and absolving me of any potential "guilt" as I always KNEW I did nothing wrong and should be acquitted by the courts. That happened to me (even though the COPS or RCMP portrayed my case as much worse than GS@'s case) but it has NOT happened to GS2 yet. We all KNOW that it will happen but for any persons WELL BEING, sooner is far better than LATER.http://www.legal-rights.org/images/givemeabreak.gifhttp://www.legal-rights.org/images/ttrk.gif

Its COMING SOON TO YOU, GS2!!! :)

http://www.legal-rights.org/images/niceday.gif

Thanks & Good Luck,

<a href="mailto:ttrk@legal-rights.org">To The REAL King!!</a>

 Freedom has nothing to fear from the truth!

http://www.legal-rights.org/images/bllrbanner.gif
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org

Please DONATE for the SUPREME COURT BATTLE (http://www.legal-rights.org/donation.html)

Mazrim Taim

May 29th, 2001, 06:59 PM

Gongrats again bro,
not much more to be said but best of luck with everything my friend.
Regards,

ELF-CO

May 29th, 2001, 09:53 PM

To The Real King!!, did judge Tessier actually state the phrase "DirecTV® signal is PUBLIC DOMAIN in Canada", word for word? (And what chances do we have of some Montreal newspaper picking up the story?) ;)

I would love to see that in a banner headline in some major newspapers! (Wanna bet ExpressPuke execs are doing the high-five on the forehead right now!)

And yes... looks like GS2's appeal should be granted with this ruling. And that is good news all around. (Premature, but looking very good!!)

gunsmoke2

May 29th, 2001, 11:34 PM

Yes words just like that.. Public Domain and MrMcPuke was there was Pukeview watching the slam dunk.

Have two things on the go.. one is an Application to re-open the case filed last Thursday and the Appeal filed April 17th.

On June 7th back to court... suppose to get the fine that day.. suppose to get a date for the hearing on our motion for reversal on the original decision and his reaction to this case and will he find himself bound by it. Pick your choice.

But my first break in 31 months and light at the end of the tunnel.

Thanks TTRK for your kind words of support as I am in struggle mode in a bad way.

GS2
[Edited by gunsmoke2 on May 30th, 2001 at 02:24 PM]

blcjet

May 30th, 2001, 01:12 AM

Good Luck GS2, but with this you shouldn't really need luck! It's great news for all of us up here!

ac4zu

May 30th, 2001, 05:31 AM

Gunsmoke2, thanks for your hard work and keeping us posted!

ccds

May 30th, 2001, 06:01 AM

To GS2 & TTRK

I have followed your cases as best I can through your posts
on these forums.

It nice to see(and about time) that you both get a fair
deal in this terrible mess.

The best of luck(and you shouldn't need luck)just real justice.......

Congratulations!!

:)

ELF-CO

May 30th, 2001, 10:39 AM

GS2, it certainly sounds like a no-brainer on the appeal now, to me... but then again, I was astonished at the original verdict.
(So I don't wanna be premature on the celebration) But June 7th isn't that far away to wait for the final outcome (hopefully)!

As for the Judge's remarks of "Public Domain"... that has got to be the best statement I have heard to date from any court in Canada! One that can certainly be used again & again in the future. ;)

To The Real King!!

May 30th, 2001, 06:28 PM

Hi Everyone,

When I got back from the Appeal yesterday I immediately canned Mr. Ian Angus to inform him of the win. He was not there but he called me back later. The reason was that he was in Court in London Ontario fighting the case of John Pitanco (John's Satellite) and the case of Ed Downey. The Good news is that he won both cases and the judge ordered all the goods and cards returned and this over the YELLS of McBribes office who were also present even though HE was in Montreal getting a different disappointement.

So Chalk up ANOTHER WIN for the GOOD GUYS (US).

And yes Mr. Justice Tessier said clearly (but I don't have his exact words in my notes) that the DIRECTV SIGNAL is in the PUBLIC DOMAIN in Canada. Those SPECIFIC words we among the words he stated.

MCBribe was there and his jaw sunk and dragged on the ground when this was stated. The Judge even stated that Canadians had a choice and could Get BEV or NoChoice's signals and PAY for them or they could get a DirecTV® dish and get that signal for FREE if they like. I swallowed HARD when he said that. But then he further stated that in Canada the DirecTV® signal belongs to ALL PEOPLE. He also stated that it is NOT the programming of BEV that is prohibited (even if theirs was the same programming as DirecTV®) But that it was the SIGNAL that is of concern and NOT the programs and so EVEN when the channels are the same NO LAW IS BROKEN by receiving the PUBLIC DOMAIN SIGNAL of DirecTV® .

It was incredibly strong and addresses virtually all other ways that McBribe could THINK of using to go after people. I am anxious to post the ACTUAL RULING at

http://www.legal-rights.org

but I will do so the MINUTE I get it from Gregorys lawyer. He has PROMISED to get me a copy the MOMENT he gets it. Its even BETTER than I am stating here so just wait until you can read his actual words. This was a VERY SMART JUDGE and he made these statements as it is clear to him that the government are doing something WRONG with these prosecutions and a little like Mr. Justice Sheppard who made a supplimental ruling for this same reason, Judge Tessier did a very SIMILAR THING for a SIMILAR reason. Judges especially do not like to see the justice system being USED for commercial reasons and he made that really clear.

Let NOBODY ever say that we do not have GREAT JUDGES here in Canada because time and time again I have seen this annoyance at improper actions by the crown in Judges rulings. But they have to be careful NOT to exceed their jurisdiction as given them under the law. They can do just so much and then it is to the next judge to take it a step further.

http://www.legal-rights.org/images/niceday.gif

Thanks & Good Luck,

<a href="mailto:ttrk@legal-rights.org">To The REAL King!!</a>

 Freedom has nothing to fear from the truth!

http://www.legal-rights.org/images/bllrbanner.gif
Now open with lots of useful resources at your disposal AT:
http://www.legal-rights.org

Please DONATE for the SUPREME COURT BATTLE (http://www.legal-rights.org/donation.html)
[Edited by To The Real King!! on May 30th, 2001 at 05:33 PM]

cornbread

May 30th, 2001, 07:58 PM

Good luck guys, hope you the best
have contributed to your efforts and hope you the best
also want to thank you both for your contributions to the hobby

CB