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June
24/2004
To the Supreme Court of Canada
It is my hope that
this Court will want to see itself as honest people, and can find the
courage to give me an honest answer to my following 3 year-old question.
What is the identity of the "more effective pain medication"
this Court relied on some 3 times on lines 73, 325, and 661, [pages 146,
152, and 160] to eliminate the jury from deciding if what I did was right
or wrong?
It was early June of 2001 when I first read the Supreme Court of Canada's
January 18/2001 decision, and later that month when I wrote you people
of the Supreme Court of Canada "to find out what drug could have
been used to control Tracy's pain better?" [page 5]
It is now 3 years later and I still have no answer to this 1 simple question.
In the Supreme Court of Canada's January 18/2001 decision the "more
effective pain medication", and "better pain management"
the Court clearly states "was available" must certainly appear
now not to have been available.
The Supreme Court of Canada was misled at the hearing of arguments on
June 4/2000. And was again misled on April 4/2002 when Saskatchewan Justice
Department Prosecutor Kenneth Mackay wrote in his response to the motion
for rehearing "moreover, a feeding tube decreased the risks associated
with administering more powerful pain killers such as difficulties with
swallowing and aspirating stomach contents into her lungs." [pages
87 - 88]
This fraudulently fabricated medical claim is prominently featured in
all 3 reasons rejecting all 3 of the requirements the Supreme Court of
Canada demands must exist in order for a jury to consider the defense
of necessity. These reasons are found in parts 38, 39, and 41 of the Supreme
Court of Canada's January 18/2001 decision, [pages 160 - 161].
How can this Court possibly find fault with my question when on line 530
[page 157] of this Court's January 18/2001 decision this Court writes
"it may be noted that the requirement involves a realistic appreciation
of the alternatives open to a person"?
I believe it is long past the time when this Court should have asked our
Justice Minister to determine the true identity of this "more effective
pain medication". And determine if it does exist, or if it is a fraudulently
fabricated medial claim, designed to bolster the charge against me.
This Court has placed demands upon us that we could not possibly meet,
and it is very unfortunate for us that this Court has tolerated, endorsed,
and promoted so many underhanded tactics used against us by the Saskatchewan
Justice Department prosecutors, and the Royal Canadian Mounted Police.
I believe it has been past situations such as mine that have put the final
authority into the hands of a jury, and I believe the set of circumstances
here are ample reason to allow a jury to decide on the rightness or wrongfulness
of my actions.
I have enclosed another copy of the material that I have put together
over the last 3 years. It is my hope that this Court will look at my request.
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