Pubdate: Sat, 06 Feb 2016
Source: StarPhoenix, The (CN SN)
Copyright: 2016 The StarPhoenix
Contact:  http://thestarphoenix.com/
Details: http://www.mapinc.org/media/400
Author: Hannah Spray
Page: A4

NEARY TO MAKE CONSTITUTIONAL CHALLENGE ON POT SENTENCE

Seamus John Neary, the ex-Huskie footballer caught with 9.5 kilograms 
of marijuana, intends to argue the sentencing rules for marijuana 
trafficking aren't constitutional.

Neary was convicted in November of trafficking marijuana and 
possessing the proceeds of crime.

On Friday in Saskatoon Court of Queen's Bench, his sentencing hearing 
was adjourned to May 31, when constitutional arguments will be heard. 
Under the law, trafficking-related charges where the amount of 
marijuana is more than three kilograms are not eligible for 
community-based jail sentences, or conditional sentence orders.

Neary's lawyer, Chris Lavier, said he and B.C.-based co-counsel John 
Conroy will be filing material to "challenge the constitutionality of 
provisions of the Criminal Code that preclude community-based jail sentences."

In February 2014, Saskatoon police followed a pair of drug dealers to 
Neary's apartment and saw them leave with backpacks full of marijuana.

When police searched Neary's apartment, they found more marijuana in 
his front closet and a receipt for a storage locker, where they found 
vacuum-sealed bags of weed.
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MAP posted-by: Jay Bergstrom