Court File No. _________                                  P1

             ONTARIO SUPERIOR COURT OF JUSTICE 

        (Criminal Division - ______________ Region)

Between:
                  ________________________ 
                                           Applicant/Accused
                            and 

                   Her Majesty the Queen
                                        Respondent/Plaintiff


                   NOTICE OF APPLICATION 

TAKE NOTICE THAT on ______________ at _____am or so soon 
thereafter as can be heard the application to a judge for:

1) an Order prohibiting prosecution of all charges relating 
to marijuana under the CDSA as unknown to law on the grounds 
Parliament has not re-enacted the S.7 cultivation and S.4 
possession prohibitions which underpin all other marijuana 
prohibitions in the CDSA since they were struck down by the 
Ontario and Albert Courts of Appeal; 

2) an Order staying any charges for marijuana as abuse of 
the court process on the grounds all statute related to 
marijuana are of no force and effect; 

3) an Order, in the absence of proof that all inmates 
convicted since the marijuana prohibitions were repealed 
have been released, that cites the Ministry of Justice for 
contempt of this Court by continuing prosecution after Crown 
Attorney S. David Frankel acknowledged to the Supreme Court 
of Canada in R. v. Krieger that the S.7 Cultivation and S.4 
Possession prohibitions had been struck down by the highest 
court in Alberta and did not dutifully inform Canada's Law 
Enforcement to cease and desist arrests under the repealed 
statutes. 
 
AND TAKE FURTHER NOTICE THAT Applicant seeks approval to 
turn on a portable tape recorder pursuant to S.136 of the 
Ontario Courts of Justice Act which states that "nothing 
prohibits a party acting in person from unobtrusively making 
an audio recording of the court hearing for the sole purpose 
of supplementing or replacing handwritten notes in the 
manner that has been approved by the judge;" or for any 
other manner of audio-taping deemed preferable by the court. 

AND FOR any Order abridging the time for service, filing, or 
hearing of the application, or amending any defect as to 
form or content of the application, or for any Order deemed 
just. 

THE GROUNDS ARE that the S.7(1) and S.4(1) prohibitions have 
never been re-legislated by Parliament after being struck 
down by Parker and Krieger Courts of Appeal.  

Documentation to be used:   

App.1: 2000 Jul 31 Parker Ont.C.A. Order on CDSA S.4....(A1)
App.2: 2002 Dec 04 Krieger Ab.C.A. Memorandum on S.7....(A2)
App.3: 2002 Dec 05 Calgary Herald Krieger article.......(A6)
App.4: 2002 Dec 05 Calgary Sun Krieger article..........(A7)
App.5: 2003 May 14 Turmel holds back marijuana bill.....(A8)
App.6: 2003 May 16 S. David Frankel culpability clause..(A9)
App.7: 2003 Oct 07 Hitzig Ont.C.A. Order for MMAR fix..(A10)
App.8: 2003 Oct 07 Turmel Ont.C.A. Order for Parker Day(A12)
App.9: 2003 Dec 08 Turmel stays 4000 since Parker Day..(A14)
App.10: 2003 Dec 23 Krieger Supreme Court Order........(A15)
App.11: 2004 Apr 01 Turmel to A.G. for 100,000 more....(A17)
App.12: 2005 Nov 02 Affidavit of Scott Couper..........(A18)

Dated at __________________ on ______________ 2004 






_____________________________
Applicant/Accused Signature 

Name: ___________________________________ 

Address: _________________________________________________ 

Tel: _________________________  Fax: _____________________ 

Email: ______________________________

TO: Ministry of Justice 
TO: The Registrar of the Court