Pot advocate in court
Supreme Court jury trial set to begin Monday, last 10 days
Daniel Campbell
Northern News Services
Updated: Wednesday, December 4, 2013
SOMBA K'E/YELLOWKNIFE
Marijuana advocate Kim MacNearney is having her day in NWT Supreme Court more than four years after police arrested and charged her with marijuana production and trafficking out of her Northland family home.
Kim MacNearney, charged with marijuana production and trafficking, is facing a judge and jury in Supreme Court this week with her husband Craig. - NNSL file photo
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Kim and her husband Craig - who is charged with the same offences - are being tried by judge and jury in a 10-day trial that started Monday.
An extensive list of facts agreed to by both the Crown and defence was read into the record by prosecutor Ryan Carrier Monday afternoon. In it, the RCMP's observations of marijuana production and trafficking in the MacNearneys' home are outlined.
On Feb. 19, 2009, RCMP were asked to accompany two family social services workers to the home, after the workers received a tip there was a marijuana grow-op in the house. Though the police had no search warrant initially, they were legally allowed to enter the home to "clear" it for the social workers.
Upon initial entry, RCMP found evidence of a marijuana grow-up. They obtained a search warrant later that day to conduct a full investigation.
Police say they found 729 grams of cultivated marijuana and 20 potted marijuana plants inside the home. They also say they discovered various pieces of marijuana accessories such as grinders, bongs and pipes, as well as growing equipment, including lighting, water pumps, fertilizer and a book on cannabis horticulture.
The MacNearneys admitted in an agreed statement of facts to the court that they were intentionally cultivating the marijuana when they were arrested.
There was no indication the MacNearneys admitted to trafficking marijuana in the agreed statement, although they did admit to some suspicious text messages on Craig's blackberry.
A text conversation was included in the agreed facts, where a man asked Craig if he had any "spare meds."
Craig responded "green meds?" The man said yes and asked Craig if he had any use for a cordless drill. Craig replied, telling him to link up with Kim.
During cross-examination on Tuesday, RCMP Sgt. Jeremie Landry, the lead investigator at the Macnearneys' home, was questioned whether he felt the text messages indicated trafficking was taking place.
Landry testified he was not an expert on marijuana trafficking, but the text conversation was the only one on Craig's phone which was relevant to his investigation. Landry added he interpreted the conversation as an exchange of the drill for cannabis.
In addition to the marijuana, Landry testified the MacNearneys' house was "very, very cluttered." He said he found clothes strewn about the home, bare mattresses on the floor and writing and drawing around the walls.
Landry said he had electrical workers and the fire department examine the home over of concerns of wiring and chemicals in the marijuana growing area.
Kim, who suffers from chronic back pain, did not have a medical marijuana licence at the time of her arrest. She was able to apply for one soon after and received it in 2010. Defence lawyer Alison Crowe also indicated Craig is now licensed to produce marijuana at his home. Kim now advocates for the legalization of marijuana.
On April 20, 2012, commonly known as "4/20" among marijuana users, Kim conducted a one-woman protest supporting legalization of marijuana in Yellowknife. This year, dozens showed up in support of the cause outside city hall.
If convicted of marijuana production, the MacNearneys could face at least six months in jail, according to the Controlled Drugs and Substances Act.
A 12-person jury was selected Monday morning, not including two backup jurors added due to the length of the trial. Justice Virginia Schuler warned jury candidates the trial could go well into next week.
Around 800 people were canvassed for jury duty, with more than 100 showing up Monday in court. After two hours the final 14 were selected - three women and 11 men.
