Pubdate: Tue, 14 Aug 2012
Source: Northern Life (CN ON)
Copyright: 2012 Northern Life
Contact:  http://www.northernlife.ca/
Details: http://www.mapinc.org/media/2396
Author: Darren MacDonald

POT GROWER GETS HOUSE ARREST

David Sylvestre used drug to treat diabetes

The debate over Canada's marijuana laws was front and centre in
Sudbury on Aug. 10, as a medical marijuana user was nearly arrested
outside Sudbury's courthouse, while inside, a man caught with 37
pounds of pot and 12 pounds of cannabis oil was sentenced to house
arrest.

About 40 supporters of David Sylvestre, 54, a former candidate for the
Green Party of Ontario, crowded into the Superior Court of Justice as
Sylvestre's case was heard. Justice Robbie Gordon presided, at
different points admonishing the crowd for their outbursts, warning
them that they were doing Sylvestre "no good" by refusing to behave.

Presentations by defence lawyer Denis Michel and federal prosecutor
Denys Bradley took the better part of the morning. The Crown was
seeking a jail term between nine and 12 months, while the defence
sought a conditional discharge or house arrest.

Michel argued Sylvestre didn't deserve jail because he was growing
marijuana to help treat his severe diabetes, had no commercial motive
and did not participate in the drug trade. He said his client's
diabetes had gotten so severe by 2006, he could no longer work. He
took several physician-prescribed drugs, but had to stop because of
the side-effects, Michel said.

"So he went looking for alternative medicines, or what he calls a
miracle cure," Michel told Gordon. "He knew (growing marijuana) was
illegal, your honour, that's not in question."

But the benefits of the pot were so great, Sylvestre's health
dramatically improved, his lawyer said.

"And he is enjoying life once again, your honour."

And outside the marijuana cultivation charges, he's someone who has
led an exemplary life, helping others and never having any problems
with the law. "He is someone who is helping his community," Michel
said.

While Sylvestre has applied to Health Canada for a medical marijuana
exemption, his application has not yet been granted, he told the judge.

But Gordon questioned whether someone who was caught with so much
drugs could reasonably argue he was only growing plants for his own
use. Under Sylvestre's application to Health Canada, he was seeking
the right to consume eight grams of pot a day; the thousands of grams
he was caught with far exceeds that amount.

"It seems an inordinate amount to me," said the judge. "It strikes me
that it can't all be for his personal use."

Michel said that his client has a background in chemical engineering
and was trying to extract a specific chemical compound to help treat
his disease.

"He was not trying to mass produce," he said. "And remember, if not
for people with beliefs such as Mr. Sylvestre, we wouldn't have
alternative medicines."

And speaking on his own behalf, Sylvestre said the large amounts were
at least partially due to the fact he had never done it before, but
has extensive gardening skills. When he started growing, he didn't
know how much his operation would produce.

"But there was never any monetary profit motive," Sylvestre said. "I
sold none of this to anyone."

He has experience growing community gardens, he said, adding that his
late father went to an agricultural college. His knowledge of farming
and chemical engineering combined to make him a very successful pot
grower, he said. One of the arresting officers even asked him how he
got the plants so big.

"It was a synergy of all that I have learned," he told
Gordon.

The Crown argued that recent court rulings have handed out jail time
for grow-ops on the scale of Sylvestre's, even in cases where the
accused had no prior criminal record. And the fact is, Sylvestre was
contributing to the drug trade in Sudbury, Bradley said.

"Without Mr. Sylvestre, we do not have another 36 pounds of marijuana;
we do not have 12 pounds of (cannabis) oil," he said. "The reason we
have these types of drugs in our community is because of grow-ops like
the one Mr. Sylvestre had."

Those comments prompted outbursts from the crowd, and a warning from
Gordon for people to behave.

Michel continued, saying that the charges were laid three years ago,
yet Sylvestre still doesn't have the medical marijuana exemption.

"And a conditional sentence is simply not appropriate given the scale
of (Sylvestre's) operation," he said. "Only sending Mr. Sylvestre to
real jail can send the message =C2=85 that it's not worth the risk to
produce marijuana."

Gordon called a recess while he deliberated, and the crowd headed
outdoors to wait. The smell of marijuana outside the Elm Street
courthouse was present before the case began, and during the break, a
man with a medical marijuana exemption lit up a joint outside.

He was seized by police, sparking a melee that had the crowd yelling
obscenities at the officers. The accused resisted police efforts to
take him into custody, while some witnesses accused police of shoving
him roughly up against the wall.

Paramedics and an ambulance were called, and several more police
cruisers showed up. The accused was eventually taken away by the
ambulance and calm was restored. Despite calls from Northern Life
looking for comment, police haven't said whether they will proceed
with charges against the man.

After the scene outside, there were more police in the courtroom after
the break ended. They could be heard discussing how they would get
Gordon out of the courtroom safely if he sentenced Sylvestre to jail
time and the crowd got out of hand as a result.

However, Gordon came back and sentenced Sylvestre to house arrest. He
first apologized to the crowd for his harsh words earlier, explaining
to them that it's his job to keep order in the court and that
spectators aren't allowed to disrupt the process of justice.

As far as his verdict, Gordon said he believed Sylvestre when he said
he wasn't growing the pot to sell and make money from it, a fact that
played a major role in his decision not to send him to jail.

"I'm not naive enough to believe that (the pot) wasn't shared with
others," he said. "And I don't believe that his use of marijuana will
stop."

But he does believe Sylvestre's promises to stop growing it and
proceed with his medicinal marijuana application, Gordon said. The
fact that he has no criminal record, was not directly participating in
the drug trade and was not profiting from the grow-op meant that not
giving him jail time was an option in this case.

"This is one of those rare occasions that a conditional sentence is
appropriate," Gordon said, as the crowd applauded and cheered. "And
this is no slap on the wrist."

As part of his sentence, Sylvestre must be present to answer the phone
whenever officials call to ensure he is there. He is allowed out for
medical appointments, and from 10 a.m. to 4 p.m. on Saturdays. He is
prohibited from owning a weapon and forfeits everything that was
seized when he was arrested to the Crown.

After the decision was handed down, Bradley said a decision on whether
to appeal the sentence would take some time and debate.

"I don't make those decisions," he said.

For his part, Sylvestre said he was relieved to avoid jail, but wasn't
happy with the house arrest. He thinks a more appropriate sentence
would have been a conditional discharge. In fact, he said he disagreed
with much of the approach his lawyer took.

"I should really have just represented myself," he said, but didn't
because he needed someone who understood the law and how the court
system worked.

While not directly admitting he will keep smoking pot, Sylvestre
hinted that he will keep using the drug to treat his diabetes and
hopes to have his medical marijuana exemption in place soon.

"The fight continues," he added.
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MAP posted-by: Matt