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TURMEL: Crown False Response and Harris Reply to permit change
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johnturmel
2018-06-11 21:50:32 UTC
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TURMEL: Crown False Response and Harris Reply to permit change

JCT: Jeff Harris had waited 9 weeks before filing a Statement
of Claim and 2 more weeks before filing his Motion to get a
Registration change. Here's the Crown response filed last
June 7 and his Reply he filed today.

First is the actual affidavit of Health Canada's Michael
McGuire. He's the guy who perjured himself telling the court
that the S.56 Class Exemptions were from S.8.2b requiring
that the period of permit start when the doctor signed had
been changed to the date of issuance when it wasn't so.
Looks like he's been caught lying again, just not so big.

AFFIDAVIT OF MICHAEL MCGUIRE

7. On June 6, 2018, I reviewed the electronic database
for entries related to Allan J. Harris and located the
following information and documents:

a) On February 9, 2018, Health Canada issued Allan J.
Harris a Registration Certificate with an expiry date of
December 14, 2018 pursuant to the ACMPR. Attached as
Exhibit "A" is a copy of the Registration Certificate.

b) On March 7, 2018, Health Canada received an
application from Mr. Harris.

c) On March 23, 2018, Health Canada spoke with Mr.
Harris and confirmed that the application was received
March 7, 2018 and that it was still in processing.

d) On March 27, 2018, Health Canada spoke with Mr.
Harris regarding his application. Health Canada advised
Mr. Harris that his responsible individual (his wife)
had not signed the responsible individual section of the
application. Mr. Harris advised that he would send in an
amendment.

JCT: The lady staffer told him he could apply without a
Responsible Person and he agreed. So he did not advise he
would send in amendment he'd been told he did not need!

e) Between April 9, 2018 and to May 31 , 2018, Mr.
Harris called Health Canada seven times to inquire about
the status of his application. Each time he was advised
that it was not possible to estimate how long it would
take to process his application.

f) Health Canada never received the amendment Mr. Harris
spoke about in the call on March 27, 2018.

g) On June 1, 2018, Health Canada sent a letter pursuant
to section 11 of the ACMPR to Mr. Harris, regarding the
missing signature of the responsible individual. The
letter reminded Mr. Harris that he had advised Health
Canada on March 27, 2018, that an amended application
would be sent and that the amended application had not
been received. Attached as Exhibit "A" is a copy of the
letter pursuant to section 11.

h) Health Canada does not have a complete application
from Allan J. Harris to process.

JCT: Counsel Wendy Wright added some extra error:
RESPONSE WRITTEN REPRESENTATIONS
OF HER MAJESTY THE QUEEN IN RIGHT OF CANADA

PART I - OVERVIEW

1... the plaintiff has failed to provide Health Canada
with the information necessary to process his
application.

PART II- STATEMENT OF FACTS

4. While reviewing the new application, Health Canada
determined Mr. Harris' wife-who was listed as the
Responsible Individual on Mr. Harris' application-had
not signed the "Responsible Individual" section of the
application.

JCT: They didn't find out his wife hadn't signed while
reviewing the application.

5. On March 27, 2018, Health Canada contacted Mr. Harris
by telephone to advise him that his Responsible
Individual on his application had not signed the
Responsible Individual section of his application.

JCT: Jeff had called them on Mar 27 to tell them he'd
noticed it wasn't signed.

During this call, Mr. Harris advised Health Canada he
would sent an amendment to Health Canada which would
include the missing signature. 2

JCT: The lady clerk had told him it would be processed
without a Responsible Person and he agreed. So he did not
advise he was sending an amendment. They have the audio of
the calls to check.

6. Between April 9, 2018 and May 31, 2018, Mr. Harris
called Health Canada seven (7) times to inquire about
the status of his application. Each time he was advised
that it was not possible to estimate how long it would
take to process his application. 3

JCT: Now why would he be checking the status of his
application if he'd promised to send an amendment to
complete it and he had not. The status calls prove he did
not advise he was sending an amendment, don't they?

10. Health Canada never received the amendment Mr.
Harris spoke about in the call on March 27, 2018.
11. Therefore on June 1, 2018, Health Canada issued a
section 11 letter to Mr. Harris regarding the missing
signature of his Responsible Individual. This letter
reminded Mr. Harris that he had told Health Canada
during the March 27, 2018 call that he would be sending
an amendment to Health Canada that would include the
signature of his Responsible Individual. 6
12. To date, Mr. Harris has not provided Health Canada
with the signature of his Responsible Individual and
Health Canada is unable to process his application. 7

JCT: So that's the issue. They say they're waiting for his
amendment though it wasn't on his computer record because
no one told him during the 7 status calls that it was
incomplete! Why would he keep calling if someone had?

25. Health Canada informed the plaintiff that it
requires the signature of his Responsible Person this
information in order to process his application.
However, the plaintiff has not provided the
clarification to Health Canada.

JCT: So Jeff filed this response this morning.

File No: T-881-18
FEDERAL COURT
Between:
Allan J. Harris
Plaintiff
AND
Her Majesty The Queen
Defendant
APPLICANT'S REPLY

1. Mr. Harris is inscribed as Responsible Person for his
wife and she is inscribed as his Responsible Person so they
discuss each other's files without violating the law.

2. The Defendant's Affidavit of Michael McGuire in Response
stated:

7..b) On March 7, 2018, Health Canada received an
application from Mr. Harris.

d) On March 27, 2018, Health Canada spoke with Mr.
Harris regarding his application. Health Canada advised
Mr. Harris that his responsible individual (his wife)
had not signed the responsible individual section of the
application. Mr. Harris advised that he would send in an
amendment.

e) Between April 9, 2018 and to May 31 , 2018, Mr.
Harris called Health Canada seven times to inquire about
the status of his application. Each time he was advised
that it was not possible to estimate how long it would
take to process his application.

f) Health Canada never received the amendment Mr. Harris
spoke about in the call on March 27, 2018.

3. On March 27, Applicant telephoned Health Canada to
mention that he had noticed that the Responsible Person had
not signed the application. The lady staffer told him it
could be processed without a Responsible Person to which he
agreed.

4. Mr. Harris did not, therefore, advise that he would send
in an amendment. The audio recording kept of the March 27
call to Health Canada should show that Mr. Harris was never
told he had to submit an amendment and the recordings of the
subsequent phone calls should show that no staffer ever told
him his computer file indicated his application was
incomplete.

5. The computer record did not indicate that Health Canada
were awaiting the amended signature because none of the
staffers handling the 7 calls to inquire about the status of
his application ever mentioned that the application was
incomplete.

6. In 5 of those calls, Mr. Harris asked to be contacted by
a supervisor who could have informed him that they were
awaiting his amendment but never returned his call.

7. Only after filing his May 22 Motion for interim remedy
did Health Canada send out the S.11 letter dated June 1 2018
demanding the amendment with the signature.

8. Though the Applicant was content to have his application
processed without a Responsible Person, on June 10, he did
submit the required signature by Priority Post.

THE MOTION IS FOR an Order granting Applicant interim
relief:

1) a personal constitutional exemption to start growing
marijuana pursuant to the amended conditions for the ACMPR
Registration Certificate MCR-60872 until the Health Canada
delivers the needed application, or, in the alternative,

2) an amendment of Applicant's Registration Certificate
MCR-60872 pursuant to the amended conditions in the
application until the Health Canada delivers the needed
Registration Certificate, or, in the alternative,

3) an Order of Mandamus that Health Canada immediately
process the application for the Registration Certificate
MCR-60872 as soon as it is received by Health Canada.

Dated at Burnaby on June 11 2018.
Allan J. Harris

JCT: So, the audio can be checked to ascertain that the
staffer told him it could be processed without the need for
the Responsible Person if they want to find who is telling
the truth, Jeff or Michael McGuire.

But notice how they only sent out the notice on June 1 and
that no staffer told him looking at this computer record and
no supervisor called to tell him that his application was
incomplete.

Hope it's obvious to Judge Brown he wouldn't have kept
calling 7 times if he'd promised to provide the amendment
and had not? Duh. So we just need Wendy to get them to
hustle their buns and get it processed as soon as they
receive it before Judge Brown to order them to do so or
grants his a constitutional exemption until they do.

Funny that McGuire never wondered why Jeff would keep
calling if it was his next move. Continued calling shows
that Jeff expected it was their next move.
s***@gmail.com
2018-06-12 03:14:29 UTC
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Stay safe out there..
s***@gmail.com
2018-06-12 03:15:34 UTC
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What about McGuire tho/.

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