Pubdate: Wed, 23 Jan 2013
Source: Vancouver Sun (CN BC)
Copyright: 2013 The Vancouver Sun
Contact: http://www.canada.com/vancouversun/letters.html
Website: http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Ian Mulgrew
Page: 4
Note: The judgment is available on the court website: 
http://www.courts.gov.bc.ca/jdb-txt/SC/13/00/2013BCSC0059.htm

JUDGE THROWS THE BOOK AT A 'KIND, HARD-WORKING MAN'

Truck driver grew marijuana to help ailing family, raise money

Why would a judge imprison for nine months "a kind, hard-working" 
52-year-old rancher who is remorseful for growing marijuana to cover 
his family's medical and other bills?

At a time when two American states allow possession and are creating 
retail distribution systems for pot, when four former B.C. attorneys 
general are calling for legalization, this sentence seems draconian.

More to the point, the B.C. Supreme Court justice gave short shrift 
to the fundamental principle that judges should avoid incarceration 
whenever possible, particularly for first-time offenders.

That's primarily why disgraced ex-Mountie Monty Robinson received a 
conditional sentence for obstruction of justice in connection with 
the death of 21-year-old motorcyclist Orion Hutchinson.

In reasons released Monday, however, Justice Jeanne Watchuk said 
Jamie Ray Laird didn't deserve a similar break.

He was jailed to deter organized criminals from Vancouver moving to 
the Cariboo to grow pot, although he bears little resemblance to such menaces.

Laird pleaded guilty to producing marijuana on his family's 80-acre 
ranch on Red Bluff Road, about 10 kilometres outside Quesnel, where 
he lived with his retired parents; his wife Lana and their 
13-year-old son; and his younger brother Budd, who worked only 
sporadically because of health problems. Another brother, Dale, lives nearby.

Laird pleaded guilty in part to save his elderly mom and dad, who had 
also been charged.

There was no question Laird was growing pot (without stealing hydro) 
when police raided the ranch on March 1, 2011.

The 502 plants were at different stages of maturity: roughly half 
were less than 45 centimetres, while the rest were budding, between 
75 and 105 cm.

Their ultimate value was anyone's guess; the court heard that Laird's 
earlier, first harvest was spoiled by poor storage.

Crown estimates of the size and value of the potential crop that was 
seized ranged from a low of 31 pounds, which might bring $62,000 if 
sold in one-pound units, or $100,400 retailed in one-ounce bags. It 
might also have yielded 94 pounds, generating as much as $451,800.

Regardless of the potential make-believe profits, there wasn't any 
sign of money around the frugal family, the judge said.

Laird was exactly who he seemed, a guy with a Grade 8 education who 
earned income from the rodeo circuit, training horses for riding, 
roping, barrel racing and reining. He also drove a logging truck, 
earning about $1,400 a week.

The family had 13 horses and 12 steers.

Laird told the court things were "tight."

Both his brothers and his father James used marijuana medicinally. 
Two of them have licences from Health Canada: his dad for arthritis 
and his 58-year-old brother Dale for Parkinson's disease.

His mother, Donna, said she added marijuana to her cooking for them, 
about an ounce a day, she estimated, or 22 pounds a year in stews and baking.

With the family's mounting financial difficulties, Laird told police 
they "needed to make money."

He started growing because the men figured that would help with cash 
flow while providing them with medicine.

"Although he did not realize the potential consequence for his 
action, as he thought he would be subject to a minimal fine if he was 
caught, he is remorseful for putting his relationship with his wife 
and son in jeopardy and for his actions," Justice Watchuk said. "I am 
satisfied that Mr. Laird takes full responsibility."

A number of letters to the court cited his good character, his 
generosity, and his community spirit.

"They characterize him as a kind, hard-working person," the judge added.

Still, she jailed him.

Laird met the two key criteria for a conditional sentence: the 
offence called for less than two years imprisonment and he wasn't dangerous.

"I am satisfied that there is little need for specific deterrence," 
Justice Watchuk agreed. "With regard to rehabilitation, Mr. Laird 
otherwise has led a productive life and assuredly will continue to do 
so with the support of his family and friends."

She nevertheless concluded that throwing the book at him would deter 
organized crime, comparing him to the greedy people who turn their 
backs on lawful society to engage in offences that endanger the community.

"Although there are mitigating factors, most particularly the guilty 
plea, this is a serious offence in the Cariboo," Justice Watchuk said.

Quoting from earlier decisions, the judge said:

"'(I)t undermines respect for the law and has a corrupting influence 
both on those who participate in it as well as those who observe it 
being carried on in the community on a commercial scale.'

"Further, I conclude that 'the effects of incarceration are likely to 
have a real deterrent effect.'"

In a compassionate nod, she told the sheriffs to give him a few 
minutes with his family before they led him away.

Fair? Just?
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MAP posted-by: Jay Bergstrom