Pubdate: Fri, 24 Jun 2016
Source: StarPhoenix, The (CN SN)
Copyright: 2016 The StarPhoenix
Contact:  http://thestarphoenix.com/
Details: http://www.mapinc.org/media/400
Author: Morgan Modjeski
Page: A11

FUTURE LEGALIZATION OF POT A FACTOR IN RULING

No jail time for former Huskie Neary after 21 pounds of marijuana
seized

Former University of Saskatchewan football linebacker Seamus John
Neary gave an audible sigh of relief when Queen's Bench Justice Shawn
Smith sentenced him to two years of probation, but no jail time.

Neary, 25, was convicted in November of trafficking marijuana and
possessing the proceeds of crime, after 21 pounds of marijuana and
$1,000 in cash were seized during an investigation in February 2014.

Smith noted the Court of Appeal has ruled sentences of 15 to 18 months
in jail are appropriate for marijuana trafficking involving amounts
similar to Neary's case, but said the fact Canada is in a transition
period with the federal government promising to legalize marijuana was
a factor in his ruling.

"Having said that, Mr. Neary did engage in a criminal commercial
enterprise and it's necessary and appropriate that that conduct be
denounced and the sentence imposed act as a deterrent. In the end, I
concluded those two goals may be accomplished without sentencing
Seamus Neary to jail," he said.

"There is no larger good in that," Smith added, noting in his written
decision that Neary "has conducted himself well as a citizen but for
this single, unfortunate foray in the mire of the drug world" and
poses no danger to the community.

Speaking to reporters outside court, Neary - who also pleaded guilty
to possessing psilocybin (psychedelic mushrooms) at the beginning of
his trial - said he was feeling "relieved, to say the least," as the
process has taken more than two years.

He hopes Thursday's sentencing will provide hope for others facing
cannabis related charges, he said.

"We have a case ongoing in this city right now of a dispensary being
raided and hopefully we can get that cleared up and move on with this
process of legalization, which is inevitable," Neary said.

"The less money that we can spend prosecuting people for nonviolent
offences specific to cannabis, the better."

Neary also thanked his family and supporters.

"Without them, I couldn't get through this," he said.

Neary's co-counsel, Chris Lavier, who worked with B.C.-based attorney
John Conroy on the file, said the case is "precedent setting," since
these types of convictions usually result in jail time.

"Sentencing is always an individualized process. So it really depends
on the circumstances of the offender (and the) circumstances of the
offence; are there aggravating circumstances or mitigating
circumstances. That's the framework," he said.

"But the second place you go is you look at the cases. Now we have a
case ... with a period of probation for a large amount of marijuana."

Neary's probation will include several conditions, including
refraining from the use of illicit drugs and following a curfew until
Aug. 31 except for the purpose of employment.

- - With files from Hannah Spray
- ---
MAP posted-by: Matt